New York Note of Issue is a legal document that is filed in a New York State court case to initiate an action in a civil court. It is a signed statement that is filed with the court clerk by the plaintiff or the defendant that indicates the parties involved in the case and outlines the issues that are being argued. The Note of Issue is used to inform the court of a case's progress and to schedule a trial date. There are two types of New York Note of Issue: a “Regular” Note of Issue and a “Simplified” Note of Issue. The Regular Note of Issue includes the names of all parties to the action, a description of the action, a statement of the issues, a statement of the relief sought, the date the complaint was filed, and the date the last pleading was filed. The Simplified Note of Issue includes only the names of the parties, the date the complaint was filed, and the date the last pleading was filed.
New York Note of Issue
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A form that is filed in New York state court and served on all parties confirming that the parties have completed necessary discovery proceedings and the case is trial ready (CPLR 3402(a)). It is the paper that gets the case on the court's trial calendar.
A Note of Issue is a legal document that, when filed with the court, informs the court that the case is ready for the next step.
Within 20 days after service of a note of issue and certificate of readiness, any party to the action or special proceeding may move to vacate the note of issue, upon affidavit showing in what respects the case is not ready for trial, and the court may vacate the note of issue if it appears that a material fact in the
Any party may file the note of issue after issue is joined, but the plaintiff typically files it. The note of issue must be accompanied by a certificate of readiness and conform to the requirements of 22 NYCRR § 202.21.
Rule 14. Disclosure Disputes. If the court's Part Rules address discovery disputes, those Part Rules will govern discovery disputes in a pending case. If the court's Part Rules are silent with respect to discovery disputes, the following Rule will apply.
Rule 11-c. Discovery of Electronically Stored Information from Nonparties. Parties and nonparties should adhere to the Commercial Division's Guidelines for Discovezy of Electronically Stored Information ("ESI") from nonparties. which can be found in Appendix A to these Rules of the Commercial Division.
22 CRR-NY 202.8-CRR (1) affidavits, affirmations, briefs and memoranda of law in chief shall be limited to 7,000 words each; (2) reply affidavits, affirmations, and memoranda shall be no more than 4,200 words and shall not contain any arguments that do not respond or relate to those made in the memoranda in chief.
G. Date issue joined-Put the date the Defendant filed an answer or response to. your action/proceeding. If there is more than one Defendant, put the date for the first answer/response filed.