Trial Calendar Practice and Preferences Under CPLR Article 34 (NY) | Practical Law

Trial Calendar Practice and Preferences Under CPLR Article 34 (NY) | Practical Law

A Practice Note describing the procedure for placing an action on the trial calendar by filing a note of issue and certificate of readiness. This Note also sets out the grounds to obtain a trial preference and to vacate and restore the note of issue under Civil Practice Law and Rules (CPLR) 3402 and 3403. This Note also addresses when an action on the trial calendar is subject to dismissal as abandoned under CPLR 3404, how to restore an abandoned case to the trial calendar, and the effect of a dismissal under CPLR 3404. This Note also compares the procedure to obtain dismissals under CPLR 3216 with CPLR 3404.

Trial Calendar Practice and Preferences Under CPLR Article 34 (NY)

Practical Law Practice Note w-019-8474 (Approx. 16 pages)

Trial Calendar Practice and Preferences Under CPLR Article 34 (NY)

by Practical Law Litigation
MaintainedNew York
A Practice Note describing the procedure for placing an action on the trial calendar by filing a note of issue and certificate of readiness. This Note also sets out the grounds to obtain a trial preference and to vacate and restore the note of issue under Civil Practice Law and Rules (CPLR) 3402 and 3403. This Note also addresses when an action on the trial calendar is subject to dismissal as abandoned under CPLR 3404, how to restore an abandoned case to the trial calendar, and the effect of a dismissal under CPLR 3404. This Note also compares the procedure to obtain dismissals under CPLR 3216 with CPLR 3404.