What Are A Note Of Issue And Certificate Of Readiness For Trial?

by Friedman & Ranzenhofer, PC on February 4, 2011

in Buffalo Injury Questions and Answers

Unfortunately, a Buffalo personal injury lawsuit can be a slow process.  A Note of Issue and Certificate of Readiness for Trial are documents filed with the court once the parties are ready for trial.  Their purpose is to inform the court that the case needs to be put on the court calendar for trial as of the date of the filing of the Note of Issue.

For New York State personal injury cases, the system has been set up to minimize the intervention of the court in the process unless it is necessary.  As a result, there are usually several steps that the parties are supposed to complete prior to filing a Note of Issue and Certificate of Readiness for Trial.  In personal injury cases, these steps may include providing the other party with a Bill of Particulars, conducting depositions of the parties involved, completing any necessary physical examinations, and the exchange of all discoverable information and documentation requested by the parties.

Ideally, these steps can be completed with little or no court intervention.  During these early phases of a personal injury lawsuit, the court will usually only become involved if there is a dispute about whether a party is entitled to information or documentation requested of the other party.

Once the portion of the case involving the exchange of potential evidence is believed to be completed by the parties, the Note of Issue and Certificate of Readiness for Trial is submitted to the court.  These documents inform the court that the parties have completed the exchange of information and should be ready to conduct a personal injury trial in the near future.  The court then knows it is time to put the case on the court calendar.

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