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PROPOSED NEW DISCOVERY RULES IN KINGS COUNTY SUPREME COURT WILL CREATE MORE STRICT DEADLINES

Posted by Frederic Abramson | Dec 17, 2018 | 0 Comments

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The proposed rules are slated to take effect on January 28, 2019. The draft modification includes the following:
 
1.     PRE CALENDAR PROCEDURES:
 
A.  INTAKE PC CONFERENCES should be scheduled 45 days after RJI.
 
(1)  PC Conference is not to be adjourned, even on consent, unless good cause is shown for the adjournment. Failure to serve a BP is no reason to adjourn a PC Conference. A PC order will be entered on default of any non appearing party. If no party appears, the case should be dismissed for non appearance, either side.
 
(2) At PC Conference, fix Note of Issue file date six (6) weeks prior to expiration of Pre Note S&G.
 
(3)  Schedule a Compliance Conference for a date no later than six (6) months after date of the PC Conference.   However, if PC Conference is held more than 45 days after the RJI, then schedule the Compliance Conference to a date no later than seven and a half (7 1/2) months after the RJI.
 
(B)  At COMPLIANCE CONFERENCE schedule all outstanding discovery to be completed to date fixed for filing Note of Issue.
 
(1)   Where post Compliance Conference discovery is to be extensive, cases may be retracted from standard to complex, which will provide for three (3) additional months of post Compliance Conference discovery demands and extend the Note of Issue date by three (3) months.
 
(2)  All Compliance Conference orders are to provide that discovery schedule enumerated in the order may not be extended without leave from the court. Unjustified failure to comply with the provisions of the CCP order will result in preclusion or waiver of the discovery sought.
 
(3)  At CCP Conference, Final Compliance Conference to be scheduled three (3) months thereafter (or, if retracted at CCP, to a date six (6) prior to the new Note of Issue file date). Whether complex or standard tracked, the Final Compliance Conference will be six (6) weeks prior to expiration of Pre Note S&G.
 
(C)  At FINAL COMPLIANCE CONFERENCE, all outstanding discovery to be scheduled for completion prior to Note of Issue date (which will allow for approximately six (6) weeks to complete discovery). Discovery not completed prior to Note of Issue is deemed waived. 
 
2.  MOTIONS TO EXTEND TIME WITHIN WHICH TO MOVE FOR SUMMARY JUDGMENT:
 
Ordinarily to be denied without prejudice to renew at time the motion for Summary Judgment is brought upon showing of Compliance with the criteria set forth by our Court of Appeals in Brill.
 
3.  POST NOTE PROCEDURE:
 
Track post note cases earlier of overall Standards and Goals (27-30 months following RJI), or post Standard & Goals (15 months from Note of Issue).
 
4.  BOTH PRE AND POST NOTE PROCEDURES
 
Ordinarily the Court/JHO will not stay discovery during pendency of motions to withdraw, for court's approval of a proposed settlement or of a dispositive motion (i.e. 3211, 3212, change venue, etc.).
 
For more information on Kings County Supreme Court read this post.

About the Author

Frederic Abramson

I am the principal of The Law Office of Frederic R. Abramson. Im an experienced litigator with experience in a wide range of legal areas. My practice encompasses civil litigation, business law, personal injury and real estate. I have handled litigation matters from inception to trial. I have co...

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