New York Outline for Pretrial Memorandum

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Multi-State
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US-03363BG
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Description

Pretrial statements or memoranda of counsel for the parties are frequently required either by the governing statute or rules of court, or by order of the judge. These statements may be joint or separate and are prepared prior to pretrial conference and presented to the judge or magistrate. They should cover all of the matters that counsel may be able to agree on before the conference, and should be as complete and as detailed as the statute, rules, or order may direct.


The pretrial statement or memorandum may include a brief statement of the material facts as claimed by each party and of the points of law, and a citation of authorities in support of each point, on which the party intends to rely at the trial. It may also include a list of all exhibits each party expects to offer at the trial, other than those to be used for impeachment, with a sufficient description of each exhibit and a statement of the purpose for which it will be offered.

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FAQ

Q: What is notice of entry? A: A party must serve a copy of an order or judgment "and written notice of its entry" (CPLR 5513[b]) to start the time limit for moving for leave to appeal from that order or judgment. The notice of entry does not need to be in any particular format.

A memorandum in a legal sense can refer to a comprehensive and organized written document that summarizes and analyzes relevant laws based on legal research to support a conclusion on a particular legal issue.

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.

Among other things, a trial memo might include: An outline of the important facts and how those facts support your claims. A list of the claims for relief you included in your pleadings and the damages being sought for each claim. A list of defenses. A list of exhibits. A list of witnesses.

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 ...

In an uncontested divorce, the Note of Issue informs the court that either through default or settlement the matter can now proceed to divorce through documents submitted to the court without the necessity of a trial before the court.

Courts can set a date?no earlier than 30 days after the note of issue is filed?by which summary judgment motions must be made. The note of issue places the case on the court's trial calendar. It is filed after the parties have completed discovery and the case is ready for trial.

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New York Outline for Pretrial Memorandum