N.Y. Civil Practice Law & Rules § 3407: Preliminary conference in personal injury actions involving certain terminally ill parties

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.