N.Y. Comp. Codes R. & Regs. tit. 22, subtit. D, ch. III, subch. D, app D(2)

Current through Register Vol. 46, No. 53, December 31, 2024

Appendix D(2) - Preliminary conference stipulation and order for commercial cases

APPENDIX D(2)

SUPREME COURT, COUNT OF ________

INDIVIDUAL ASSIGNMENT PART [OR JUSTICE] ________

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X	INDEX NO.
Plaintiff(s),	PRELIMINARY CONFERENCE STIPULATION AND ORDER FOR COMMERCIAL CASES
-against-	(Sections 202.8 and 202.12 of the Uniform Rules)
Defendant(s).
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[All items on the form must be completed unless inapplicable.]

It is hereby STIPULATED and ORDERED that disclosure shall proceed as follows:

(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.

(2) Depositions: Choose (a) or (b)

(a)

Deponent Date and Time Place

____________ ____________ ____________

[Attach additional sheet if necessary]

(b) The parties shall set a schedule for depositions to be held no later than ________ and shall provide the court with the schedule.

Optional:

[ ] If one deposition fails to take place as scheduled, the remaining parties' depositions shall nonetheless proceed as scheduled, except that priorities between defendants and plaintiffs shall be preserved.

____________

All such disclosure, unless otherwise noted herein, shall be completed by ________.

(4) Impleader; Motion(s) to amend the pleadings or to add parties: Shall be completed on or before

________.

(5) Compliance conference: Shall be held on ____________.

(6) End Date for All Disclosure, other than expert disclosure [must be within 12 months, or 15 months for a complex case]: ________.

(7) Expert Disclosure:

Plaintiff(s) shall provide expert disclosure by ____________.

Defendant(s) shall provide expert disclosure by ____________.

(8) Motions: Any dispositive motion(s) (CPLR 3211 and 3212) shall be made on or before ________.

(9) Note of Issue: ________ shall file a note of issue/certificate of readiness on or before ________. A copy of the stipulation and order, an affirmation stating that all of the terms of the stipulation and order have been complied with, and an affidavit of service of the note of issue shall be served and filed with the note of issue on or before said date.

(10) The parties shall ensure that a stipulation of discontinuance shall be promptly filed if the case settles before the next meeting with the Court.

Failure to comply with any of these directions may result in the imposition of costs or sanctions or other action authorized by law.

Dated:

______________

Attorney for Plaintiff(s)

______________

Attorney for Defendant(s)

Dated:

J. S. C.

N.Y. Comp. Codes R. & Regs. tit. 22, subtit. D, ch. III, subch. D, app D(2)