About This Article Briefly: A preliminary hearing setting conference (only for felony cases) is a hearing where the judge will set or adjust the date for a preliminary hearing, perhaps rule on requests for experts or independent testing and the prosecutor and defense counsel will discuss resolution of the case.
Rule 200.11(c) provides that subject to certain carefully defined exceptions described below, each criminal action “”shall be assigned to a judge by the clerk of the court in which it is pending pursuant to a method of random selection authorized by the Chief Administrator.”” 22 NYCRR § 200.11(c).
202.12 Preliminary conference. (a) A party may request a preliminary conference at any time after service of process. The request shall state the title of the action; index number; names, addresses and telephone numbers of all attorneys appearing in the action; and the nature of the action.
Request for Judicial Intervention (RJI) A form that a party files in a New York state court action that has not yet been assigned to a judge. The RJI is a request for the court to become involved in the matter and will result in the assignment of a judge, who will then preside over the action until its end.
And it will also provide for a date usually within two months to get back into court.MoreAnd it will also provide for a date usually within two months to get back into court.
The Preliminary Conference (“PC”) is usually the first Court appearance. The primary purposes of the PC is for the attorneys, with the Court's approval, to agree to a timetable for opposing parties to exchange information (i.e. Discovery) .
Request for Judicial Intervention (RJI) A form that a party files in a New York state court action that has not yet been assigned to a judge. The RJI is a request for the court to become involved in the matter and will result in the assignment of a judge, who will then preside over the action until its end.
After the County Clerk forwards the RJI to the Court Clerk, a judge is assigned to your case and you will be notified of the RJI Number and the judge assigned. You are responsible for notifying the defendant of this information. More Questions?
Once an RJI is filed with the Court, the matter will be scheduled for a Preliminary Conference either before a Judge or a Court Attorney Referee. The time to get a Preliminary Conference date depends on the County but generally is 30-45 days unless there is an emergency issue.
It is important to note that if the case is still in the pre-RJI stage, there has not yet been a formal request for a hearing or a court date set. However, if the other party's attorney has filed numerous things, it is possible that they are seeking a judgment or other resolution to the case.