(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:______________________________________ (Signature)__________________________________ Attorney(s) for:______________________________ Office and P.O. address:______________________ | |||
Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.