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What is a "Note of Issue?" in a civil lawsuit in New York?

 

A:

In New York, the court wants to know what's going on with your case at various points in the litigation.

The court will require the attorneys on the case to appear for periodic status conference to let the judge know how the lawsuit is progressing. Are there any issues that the judge needs to know about?

Is one side obstructing the other?

Are certain documents not being exchanged as they should?

Are various witnesses showing up for their pretrial question and answer sessions known as depositions?

The judge wants to know.

How then does the judge know when your case is ready for trial?

Do the attorneys simply call the court and say "Ok Judge, our case is now ready for trial, please let us know when you're available to try this case?"

Well, not exactly.

Instead, the court requires that the attorney for the injured victim file a document with the court.

This document is called a "Note of Issue."

It's a document that lets the court know that all discovery is complete. It's a way for the court to know that the lawsuit is technically ready for trial.

Once your attorney prepares and files a "Note of Issue" your case will sit on the trial calendar for many months.

When your case is finally called, your attorney will need to appear for a pre-trial conference with the trial assignment judge. During that conference the judge will ask the defense attorney what their position is and whether there is a chance this case can be settled prior to trial.

If there is the possibility of settlement, the judge will likely reschedule another conference date to return and update the court on the settlement posture of both parties.

To learn what happens when your case is ready for trial, I invite you to watch the quick video below...