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This entry was published on 2014-09-22
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SECTION 3407
Preliminary conference in personal injury actions involving certain terminally ill parties
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 34
Rule 3407. Preliminary conference in personal injury actions involving
certain terminally ill parties. (a) Request for conference. At any time,
a party to an action who is terminally ill, and who asserts in a
pleading in such action that such terminal illness is the result of the
culpable conduct of another party to such action, may request an
expedited preliminary conference in such action. Such request shall be
filed in writing with the clerk of the court, and shall be accompanied
by a physician's affidavit stating that the party is terminally ill, the
nature of the terminal illness, and the duration of life expectancy of
such party, if known. The court shall hold a preliminary conference in
such action within twenty days after the filing of such a request.

(b) 1. Preliminary conference. At such preliminary conference, the
court shall issue an order establishing a schedule for the completion of
all discovery proceedings, to be completed within ninety days after the
date of the preliminary conference, unless it can be demonstrated for
good cause that a longer period is necessary.

2. At such preliminary conference, the court shall issue an order that
a note of issue and certificate of readiness be filed in such action
within a period of time specified in the order, that the action receive
a preference in trial, and that the trial be commenced within one year
from the date of such order. In its discretion, and upon application of
any party, the court may advance or adjourn such trial date based on the
circumstances of the case.

3. Notwithstanding the provisions of subdivision (b) of rule 3214 of
this chapter, the service or pendency of a motion under rule 3211, 3212
or section 3213 of this chapter shall not stay disclosure in an action
where a preliminary conference order has been entered pursuant to this
rule.