2019 New York Laws
CVP - Civil Practice Law and Rules
Article 34 - Calendar Practice; Trial Preferences
R3406 - Mandatory Filing and Pre-Calendar Conference in Dental, Podiatric and Medical Malpractice Actions.

Universal Citation: NY CPLR § 3406 (2019)
Rule  3406.  Mandatory  filing  and pre-calendar conference in dental,
podiatric and medical malpractice actions.  (a)  Mandatory  filing.  Not
more  than  sixty days after issue is joined, the plaintiff in an action
to recover damages for dental, medical or  podiatric  malpractice  shall
file  with  the  clerk  of  the court in which the action is commenced a
notice of dental, medical or podiatric malpractice action, on a form  to
be  specified  by  the  chief administrator of the courts. Together with
such notice, the plaintiff shall file: (i)  proof  of  service  of  such
notice  upon  all  other  parties  to  the  action;  (ii) proof that, if
demanded,  authorizations  to  obtain  medical,  dental,  podiatric  and
hospital records have been served upon the defendants in the action; and
(iii)  such  other  papers as may be required to be filed by rule of the
chief administrator of the courts. The  time  for  filing  a  notice  of
dental,  medical  or podiatric malpractice action may be extended by the
court only upon a motion made pursuant to section two thousand  four  of
this chapter.

(b) Pre-calendar conference. The chief administrator of the courts, in accordance with such standards and administrative policies as may be promulgated pursuant to section twenty-eight of article six of the constitution, shall adopt special calendar control rules for actions to recover damages for dental, podiatric or medical malpractice. Such rules shall require a pre-calendar conference in such an action, the purpose of which shall include, but not be limited to, encouraging settlement, simplifying or limiting issues and establishing a timetable for disclosure, establishing a timetable for offers and depositions pursuant to subparagraph (ii) of paragraph one of subdivision (d) of section thirty-one hundred one of this chapter, future conferences, and trial. The timetable for disclosure shall provide for the completion of disclosure not later than twelve months after the notice of dental, podiatric or medical malpractice is filed and shall require that all parties be ready for the trial of the case not later than eighteen months after such notice is filed. The initial pre-calendar conference shall be held after issue is joined in a case but before a note of issue is filed. To the extent feasible, the justice convening the pre-calendar conference shall hear and decide all subsequent pre-trial motions in the case and shall be assigned the trial of the case. The chief administrator of the courts also shall provide for the imposition of costs or other sanctions, including imposition of reasonable attorney's fees, dismissal of an action, claim, cross-claim, counterclaim or defense, or rendering a judgment by default for failure of a party or a party's attorney to comply with these special calendar control rules or any order of a court made thereunder. The chief administrator of the courts, in the exercise of discretion, may provide for exemption from the requirement of a pre-calendar conference in any judicial district or a county where there exists no demonstrated need for such conferences.

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