(a) The notice of trial filed by any party
pursuant to UCCA 1301 shall be accompanied by a certificate of readiness, with
proof of service on all parties in the form prescribed by this section. The
notice of trial shall include the index number, the name of the judge to whom
the action is assigned, name, office address and telephone number of each
attorney and pro se party who has appeared, and the name of
any insurance carrier acting on behalf of any party.
(b) Within 20 days after service of such
notice of trial, any party may move to vacate the notice. The affidavit in
support of the application must specify the reason for vacating the
notice.
(c) After any notice of
trial has been filed pursuant to this rule, no pretrial examination or other
preliminary proceedings may be had, except that if some unusual or
unanticipated conditions subsequently develop which make it necessary that
further pretrial examination or further preliminary proceedings be had, and if
without them the moving party would be unduly prejudiced, the court may make an
order granting permission to conduct such examination or proceedings and
prescribing the time therefor. Such an order may be made only upon motion on
notice showing in detail, by affidavit, the facts claimed to entitle the moving
party to relief under this subdivision.
(d) Where a party filing a notice of trial,
in a medical malpractice action or an action against a municipality, seeking a
sum of money only, is prohibited by the provisions of CPLR 3017(c) from stating
in the pleadings the amount of damages sought in the action, the party shall
indicate in the notice of trial whether the amount of damages exceeds $6,000,
exclusive of costs and interest. If it does not, the party shall also indicate
if it exceeds $2,000, exclusive of costs and interest.
(e) The certificate of readiness shall read
substantially as follows:
CERTIFICATE OF READINESS FOR TRIAL
(Items 1-5 must be checked)
Complete |
Waived |
Not Required |
1. |
All pleadings served. |
2. |
Bill of particulars served. |
3. |
Physical examinations completed. |
4. |
Medical reports exchanged. |
5. |
Discover proceedings now known to be necessary
completed. |
6. |
There are no outstanding requests for discovery. |
7. |
There has been a reasonable opportunity to complete
the foregoing proceedings. |
8. |
There has been compliance with any order issued
pursuant to section 210.11 of the Rules of the Chief Administrator(22 NYCRR
210.11). |
9. |
The case is ready for trial. |
Dated:____________
(e) All pleadings, briefs or memor and a which reproduce,
paraphrase or disclose any documents which have previously been designated by a
party as comprising or containing Confidential Information or "Highly
Confidential - Attorney's Eyes-Only Information" shall identify such documents
by the production number ascribed to them at the time of production.
Attorney(s) for:________
Office and P.O. address:______