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Note Of Issue Fillable Form With Notary
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How to fill out New York Note Of Issue?
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FAQ
Discovery must be completed and a Note of Issue filed no later than 6 months from the date of the preliminary conference, unless the court has decided to reduce or extend this deadline. The divorce trial will be scheduled no later than 6 months from the date of the preliminary conference.
A form that is filed in New York state court and served on all parties confirming that the parties have completed necessary discovery proceedings and the case is trial ready (CPLR 3402(a)). It is the paper that gets the case on the court's trial calendar.
NATURE OF ACTION OR PROCEEDING CPLR 3402(a) requires an original an two copies must be filed within 10 days of service upon the other side. There is also a fee to file the note of issue.
Note: generally speaking, issue is joined in litigation when a party responds to a pleading served on them. Most often this is when the defendant serves an answer to the complaint.
Courts can set a date?no earlier than 30 days after the note of issue is filed?by which summary judgment motions must be made. The note of issue places the case on the court's trial calendar. It is filed after the parties have completed discovery and the case is ready for trial.