What Is A Note Of Issue In A Personal Injury Lawsuit?

by Friedman & Ranzenhofer, PC on May 7, 2012

in Buffalo Injury Questions and Answers

In most Buffalo personal injury lawsuits, the parties will initially attempt to proceed with very little court intervention.  The New York State legal system is set up so that many of the issues surrounding civil lawsuits, such as the parties exchanging documents and engaging in the initial questioning of the parties, can – ideally – be completed without the court becoming involved.

Once the parties are ready for the lawsuit to be placed on the court calendar and scheduled for trial, one of them must file a Note of Issue and Certificate of Readiness with the court.  Either party may file this document, although in most personal injury lawsuits it is the injured party who files, as they usually have the most interest in bringing the case to a conclusion.  These documents inform the court that the preliminary issues surrounding disclosure of documents and witnesses has been completed and the case is now ready for trial.

After receiving a Note of Issue and Certificate of Readiness, the court will place the case on its calendar and schedule the attorneys for all parties to appear for an initial conference.  The personal injury lawsuit will then be scheduled for trial, with the court usually also setting various other deadlines prior to trial for any additional issues such as the filing of motions.

If you have suffered a personal injury, please feel free to contact us at 716-542-5444 with any questions.

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