N.Y. Comp. Codes R. & Regs. tit. 22 § 212.18

Current through Register Vol. 46, No. 45, November 2, 2024

Section 212.18 - Calendars of triable actions

There shall be such calendars as may be established, from time to time, in the discretion of the Chief Administrator of the Courts. These calendars may include:

(a) General calendar. A general calendar is for actions in which issue has been joined.

(b) Pretrial conference calendar. A pretrial conference calendar is for actions awaiting conference in a pretrial conference part. Actions shall be taken in order from the top of the general calendar and placed at the end of the pretrial conference calendar.

(c) Reserve calendars. A reserve calendar is for actions in which a notice of trial, conforming to section 1301 of the UDCA, and certificate of readiness have been filed. Upon the filing of such notice in any action with the clerk, at least 10 days before the day fixed for trial, the action shall be placed at the end of either the reserve jury trial calendar or the reserve nonjury trial calendar, as the case may be. Where an action is placed on a reserve nonjury trial calendar but subsequently a demand for a trial by jury is timely served and filed, the action shall immediately be transferred to the end of the reserve jury trial calendar. Once placed on a calendar, the action shall remain thereon until disposed of, stricken, transferred or otherwise removed. The calendars shall be deemed continuous and no change in the order of original placement shall be made, except as provided in this Part, by court order or as may be required by provisions of law.

(d) Ready calendars. A ready calendar is for actions that have been transferred from a reserve calendar because a trial is imminent, for noticed inquests and assessments of damages and for actions in which any party appears in person. There shall be as many ready calendars with such classifications of actions as the Chief Administrator shall direct.

(e) Continuous calendars. In any court not continuously in session, the calendars at the close of one term or session of court shall be used to open the following term or session, and actions on the calendars shall retain their positions.

(f) Military calendar. A military calendar shall be utilized to hold in suspense any action that cannot reasonably be tried because a party or witness is in military service. When it shall appear to the satisfaction of the judge presiding that a party to an action or a witness necessary upon the trial is in military service, and is not presently available for trial, and that a deposition cannot be taken, or, if taken, would not provide adequate evidence, the case shall be designated " military" and transferred to a military calendar.

Any case on the military calendar may be removed therefrom by further order of the court or by filing with the calendar clerk, at least five days before such date, a stipulation of the parties who have appeared or a notice to restore, together with proof of service of such notice on all other parties; except that if any party appearing in person seeks such restoration, he may apply to the clerk, who shall refer his application to the judge in the appropriate calendar part for disposition upon such notice to all parties or their attorneys as the judge shall direct.

(g) Calendar progression. With due regard to the requirements of statutory preferences and of section 208.20 of this Part, when actions are advanced from one calendar to another they shall progress from the head of one calendar to the foot of the next calendar and otherwise progress in order insofar as practicable unless otherwise determined by the court.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 212.18