BlogLitigationFAQs: The Preliminary Conference

July 29, 2020by Jeffrey Davis0
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Litigation in New York courts is governed by rules set forth in the New York Civil Practice Law & Rules (CPLR), “Uniform Rules”, local/judges’ rules, and case law.

The Preliminary Conference (“PC”) is the first conference in the case (hence “preliminary”) and the first time the case has deadlines that are imposed by the Court itself such as the deadlines for discovery demands to be served, the deadlines for responses to discovery demands, the deadlines for when depositions should be conducted, and the deadline for when the case should be ready for trial.

The PC sets the schedule for your lawsuit.

The timing, procedure, and other mechanics of the Preliminary Conference are codified in Section 202.12 of the Uniform Civil Rules for the Supreme Court and the County Court (codified at Title 22 of the New York Codes, Rules and Regulations, 22 NYCRR 202.12).

.Section 202.12 provides, inter alia, that the following matters to be considered at the PC include:

  1. simplification and limitation of factual and legal issues, where appropriate;
  2. establishment of a timetable for the completion of all disclosure proceedings, provided that all such procedures must be completed within the timeframes set forth in subdivision (b) of this section, unless otherwise shortened or extended by the court depending upon the circumstances of the case;
  3. Where the court deems appropriate, it may establish the method and scope of any electronic discovery;
  4. addition of other necessary parties;
  5. settlement of the action;
  6. removal to a lower court pursuant to CPLR 325, where appropriate; and
  7. any other matters that the court may deem relevant.

22 NYCRR 202.12(c).

The result of the Preliminary Conference is an Order (the Preliminary Conference Order with which the parties must comply.

The PC Order, in addition to including various discovery deadlines, will also set a “Compliance Conference”, where the parties will again meet at court and discuss what, if any discovery, remains outstanding.

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