(b) 1. Preliminary conference. At such preliminary conference, the
court shall issue an order establishing a schedule for the completion of
all discovery proceedings, to be completed within ninety days after the
date of the preliminary conference, unless it can be demonstrated for
good cause that a longer period is necessary.
2. At such preliminary conference, the court shall issue an order that
a note of issue and certificate of readiness be filed in such action
within a period of time specified in the order, that the action receive
a preference in trial, and that the trial be commenced within one year
from the date of such order. In its discretion, and upon application of
any party, the court may advance or adjourn such trial date based on the
circumstances of the case.
3. Notwithstanding the provisions of subdivision (b) of rule 3214 of
this chapter, the service or pendency of a motion under rule 3211, 3212
or section 3213 of this chapter shall not stay disclosure in an action
where a preliminary conference order has been entered pursuant to this
rule.
Structure New York Laws
CVP - Civil Practice Law and Rules
Article 34 - Calendar Practice; Trial Preferences
R3401 - Rules for the Hearing of Causes.
R3404 - Dismissal of Abandoned Cases.
R3405 - Arbitration of Certain Claims.
R3407 - Preliminary Conference in Personal Injury Actions Involving Certain Terminally Ill Parties.
R3408 - Mandatory Settlement Conference in Residential Foreclosure Actions.
R3409 - Settlement Conference in Dental, Podiatric and Medical Malpractice Actions.
R3410 - Face-to-Face Meeting for Foreclosure of Reverse Cooperative Apartment Unit Loans.