What is the name of your state (only U.S. law)? NY
My NOI is scheduled to be filed on Friday. The court today asked that I file something even though the Defendant has not completed ANY discovery. The clerk informed me that I MUST file an affadavit attesting that discovery has NOT been completed , but that I am still technically required to file something or my case will be thrown out.
Section 202.21 Note of issue and certificate of readiness - reads below
(d) Pretrial Proceedings. Where a party is prevented from filing a note of issue and certificate of readiness because a pretrial proceeding has not been completed for any reason beyond the control of the party, the court, upon motion supported by affidavit, may permit the party to file a note of issue upon such conditions as the court deems appropriate. Where unusual or unanticipated circumstances develop subsequent to the filing of a note of issue and certificate of readiness which require additional pretrial proceedings to prevent substantial prejudice, the court, upon motion supported by affidavit, may grant permission to conduct such necessary proceedings.
My question - Do I need to file a MOTION or a NOI ? or both ? Very confused
Not really sure what I need to file. Is there a form I can follow ? How do I draft this so that I am not precluded from making sure my present discovery requests are satisfied ??? I thought a NOI must be accompanied by a Certificate of Readiness ? ? ? ? and I am not "Ready for Trial" as all our discovery request have not been completed because Defendant has not complied. How can I file a NOI ?