New York Request For Preliminary Conference (NY RFC) is a pre-trial procedure that is used to resolve legal disputes in the state of New York. The NY RFC process allows attorneys to engage in informal settlement negotiations, discuss potential discovery issues, and assess the strengths and weaknesses of the case. The goal of the NY RFC is to give the parties an opportunity to resolve the dispute without the need for a full trial. There are two types of NY RFCs: the Early Neutral Evaluation (ENE) and the Settlement Conference. The ENE is a confidential, non-binding process that allows the parties to present a summary of their positions to a neutral evaluator who will provide a non-binding opinion of the case. The Settlement Conference is a voluntary, non-binding process that is typically conducted by a judge or magistrate, and is designed to encourage the parties to reach a mutually agreeable resolution of their dispute. Both types of NY RFCs typically involve the attorneys for the parties, the neutral evaluator or judge, and a court representative. The court representative will make sure that the NY RFC process is conducted in accordance with the applicable rules and regulations.
New York Request For Preliminary Conference
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How to fill out New York Request For Preliminary Conference?
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FAQ
Section 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.
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. The court will not accept motions, orders to show cause, requests for court conferences, or any other papers until an RJI is filed.
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) .
STEP 1: Filing A divorce case is started when a "Summons With Notice" or "Summons and Complaint" are filed with the County Clerk's Office. In some courts, the plaintiff can file the papers over the internet using NYSCEF, the New York State Courts Electronic Filing system.
At a preliminary conference the court will, at the request of a party or on its own, confirm or modify the DCM track to which the case was assigned when the RJI was filed, and will establish a schedule for discovery and other pre-trial proceedings within the applicable DCM note-of-issue target deadline.
A preliminary conference is an appearance before a judge after filing for divorce. The conference's purpose isn't to make a ruling on the facts, as in a trial, but to explain the rules of procedure and establish a schedule for discovery of documents, future hearings, or the need for depositions.
The length of time it takes to finalize an uncontested divorce is based primarily on two factors: how busy the court is and how fast your spouse can return the necessary documents to you. Some uncontested divorces are resolved as quickly as six weeks, while others can take six months or more.
Making an Order to Show Cause An Order to Show Cause consists of a top page called an Order to Show Cause (OSC), followed by an Affidavit in Support of the OSC, and copies of any documents that the moving side (movant) thinks would help the Judge make a decision.