§ 3406 — Mandatory filing and pre-calendar conference in dental, podiatric and medical malpractice actions

New York § 3406

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 34: Calendar Practice; Trial Preferences

Text

Rule 3406. Mandatory filing and pre-calendar conference in dental,\npodiatric and medical malpractice actions. (a) Mandatory filing. Not\nmore than sixty days after issue is joined, the plaintiff in an action\nto recover damages for dental, medical or podiatric malpractice shall\nfile with the clerk of the court in which the action is commenced a\nnotice of dental, medical or podiatric malpractice action, on a form to\nbe specified by the chief administrator of the courts. Together with\nsuch notice, the plaintiff shall file: (i) proof of service of such\nnotice upon all other parties to the action; (ii) proof that, if\ndemanded, authorizations to obtain medical, dental, podiatric and\nhospital records have been served upon the defendants in the action; and\n(iii) such other papers as may be required to be filed by rule of the\nchief administrator of the courts. The time for filing a notice of\ndental, medical or podiatric malpractice action may be extended by the\ncourt only upon a motion made pursuant to section two thousand four of\nthis chapter.\n (b) Pre-calendar conference. The chief administrator of the courts, in\naccordance with such standards and administrative policies as may be\npromulgated pursuant to section twenty-eight of article six of the\nconstitution, shall adopt special calendar control rules for actions to\nrecover damages for dental, podiatric or medical malpractice. Such rules\nshall require a pre-calendar conference in such an action, the purpose\nof which shall include, but not be limited to, encouraging settlement,\nsimplifying or limiting issues and establishing a timetable for\ndisclosure, establishing a timetable for offers and depositions pursuant\nto subparagraph (ii) of paragraph one of subdivision (d) of section\nthirty-one hundred one of this chapter, future conferences, and trial.\nThe timetable for disclosure shall provide for the completion of\ndisclosure not later than twelve months after the notice of dental,\npodiatric or medical malpractice is filed and shall require that all\nparties be ready for the trial of the case not later than eighteen\nmonths after such notice is filed. The initial pre-calendar conference\nshall be held after issue is joined in a case but before a note of issue\nis filed. To the extent feasible, the justice convening the pre-calendar\nconference shall hear and decide all subsequent pre-trial motions in the\ncase and shall be assigned the trial of the case. The chief\nadministrator of the courts also shall provide for the imposition of\ncosts or other sanctions, including imposition of reasonable attorney's\nfees, dismissal of an action, claim, cross-claim, counterclaim or\ndefense, or rendering a judgment by default for failure of a party or a\nparty's attorney to comply with these special calendar control rules or\nany order of a court made thereunder. The chief administrator of the\ncourts, in the exercise of discretion, may provide for exemption from\nthe requirement of a pre-calendar conference in any judicial district or\na county where there exists no demonstrated need for such conferences.\n