New York § 3407 Preliminary conference in personal injury actions involving certain terminally ill parties

New York Statutes

§ 3407 — Preliminary conference in personal injury actions involving certain terminally ill parties

New York § 3407

Law CVPCivil Practice Law & Rules

Art. 34Calendar Practice; Trial Preferences

This text of New York § 3407 (Preliminary conference in personal injury actions involving certain terminally ill parties) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. Civil Practice Law & Rules § 3407 (2026).

Text

Rule 3407. Preliminary conference in personal injury actions involving\ncertain terminally ill parties.

(a)Request for conference. At any time,\na party to an action who is terminally ill, and who asserts in a\npleading in such action that such terminal illness is the result of the\nculpable conduct of another party to such action, may request an\nexpedited preliminary conference in such action. Such request shall be\nfiled in writing with the clerk of the court, and shall be accompanied\nby a physician's affidavit stating that the party is terminally ill, the\nnature of the terminal illness, and the duration of life expectancy of\nsuch party, if known. The court shall hold a preliminary conference in\nsuch action within twenty days after the filing of such a request.\n (b) 1. Prelimin

Free access — add to your briefcase to read the full text and ask questions with AI

Rule 3407. Preliminary conference in personal injury actions involving\ncertain terminally ill parties. (a) Request for conference. At any time,\na party to an action who is terminally ill, and who asserts in a\npleading in such action that such terminal illness is the result of the\nculpable conduct of another party to such action, may request an\nexpedited preliminary conference in such action. Such request shall be\nfiled in writing with the clerk of the court, and shall be accompanied\nby a physician's affidavit stating that the party is terminally ill, the\nnature of the terminal illness, and the duration of life expectancy of\nsuch party, if known. The court shall hold a preliminary conference in\nsuch action within twenty days after the filing of such a request.\n (b) 1. Preliminary conference. At such preliminary conference, the\ncourt shall issue an order establishing a schedule for the completion of\nall discovery proceedings, to be completed within ninety days after the\ndate of the preliminary conference, unless it can be demonstrated for\ngood cause that a longer period is necessary.\n 2. At such preliminary conference, the court shall issue an order that\na note of issue and certificate of readiness be filed in such action\nwithin a period of time specified in the order, that the action receive\na preference in trial, and that the trial be commenced within one year\nfrom the date of such order. In its discretion, and upon application of\nany party, the court may advance or adjourn such trial date based on the\ncircumstances of the case.\n 3. Notwithstanding the provisions of subdivision (b) of rule 3214 of\nthis chapter, the service or pendency of a motion under rule 3211, 3212\nor section 3213 of this chapter shall not stay disclosure in an action\nwhere a preliminary conference order has been entered pursuant to this\nrule.\n