Preliminary Conference in NY Supreme Court

[melsdutchworld]

What is the name of your state (only U.S. law)? NY

After purchashing my RJI , the New York Supreme Court automatically schedules a Preliminary Conference.

Is there anything I need to bring to this conference ? Draft something ? How do I prepare ?

 

[You Are Guilty]

What is the name of your state (only U.S. law)? NY

After purchashing my RJI , the New York Supreme Court automatically schedules a Preliminary Conference.

Is there anything I need to bring to this conference ? Draft something ? How do I prepare ?

Back again, huh? Is this the Kings County case? They handle PCs differently than NY County.

Both in both courts, you do not need to draft anything before court. Just bring a copy of your complaint and Bill of Particulars (if you're the plaintiff and you drafted one already). And know the facts of your case, as you might get quizzed a bit by the judge or their law clerk. Depending on where you are, you will either be told to serve a BP by a certain date and the PC will be rescheduled to a day after that, or you will be asked to complete a PC order. Here's a sample of what they tend to look like:
http://www.nycourts.gov/supctmanh/forms/PrelconfGen.pdf

Good luck?

 

[melsdutchworld]

PC was today. D never showed. Referee signed off on a default PC Order. I have the dates for me serving the Bill of Particulars, other discovery, Compliance Conference, and Note of Issue.

Thanks for the help You are Guilty.

Now I just need to figure how to draft the Bill of Particulars and also learn what parts of the CPLR govern the various discovery motions so I can serve them on Defendant.

Made progress today though.

 

[You Are Guilty]

http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS

CVR = Civil Rules

Article 31 is discovery
Atricle 21 is papers

Read both. Also, there is no "standard" Bill of Particulars. They are generated in response to the defendant's demand for one. If the defendant doesn't properly serve a demand for one, you do not have to write one.

Did the defendant actually file an answer?

 

[melsdutchworld]

Thanks for the info "You are Guilty"

Defendant has indeed put in an answer. D is representing himself pro se. He doesn't know what he is doing. Less so than me.

I will review article 21 and 31 and learn the CPLR rules for scheduling depositions, producing documents, a demand for a bill of Particulars, whatever else I can figure out.

Best & Thx
Mel

 

[You Are Guilty]

Article 31 is the basis for all discovery demands. It's one of the more clearly written sections, so you should have no problems understanding the basics. Although I doubt you'll need any, there is also a web page for misc. Bronx forms here:
http://www.nycourts.gov/courts/12jd/civil/allforms.shtml

Good luck.

 

[melsdutchworld]

Excellent. And Thanks !!!!

 

[melsdutchworld]

Also, there is no "standard" Bill of Particulars. They are generated in response to the defendant's demand for one. If the defendant doesn't properly serve a demand for one, you do not have to write one.

Should I still demand a bill of particulars for Defendants counterclaims and defenses even if Defendant never himself demanded a Bill Of Particulars from me ? or... would I be better off just serving interrogatories. It is my understanding from CPLR 3130 that I cannot serve both a Bill of Particulars and Interrogatories.

3130. Use of interrogatories. 1. Except as otherwise provided
herein, after commencement of an action, any party may serve upon any
other party written interrogatories. Except in a matrimonial action, a
party may not serve written interrogatories on another party and also
demand a bill of particulars of the same party pursuant to section 3041.


This action is in the Commercial Division

 

[You Are Guilty]

I can't answer "should" questions because I do not know all the details of your case. Some factors consider though are how much information do you need; how likely will you serving a BP demand on the counterclaim will "tip off" the defendant on the fact that he should be serving a BP demand as well; etc. Given D is pro se, no matter what yu serve a demand for, the response will probably be useless.

As for the Commercial Division, you have to be careful as they operate under an additional set of rules. Here's the Brooklyn Commercial web site:
Commercial Division

For starters, be sure you complied with all the paperwork that needs to be filed to put/keep the case in the Commercial Part. (And note the monetary limit is no longer $50k - it was raised a few years ago).

 

[melsdutchworld]

All your responses are in line with my thoughts. You are truly very helpful. It makes me comfortable having somebody elses confirmation.

As such, your input is very much appreciated.

Thanks so much again YAG !!!

 

[You Are Guilty]

As long as you keep an eye on all the rules (and yes, there are a lot), and more importantly, comply with all the court-ordered deadlines, then you should be fine. In turn, if/when the D fails to comply with any of their obligations, be sure to get the wheels turning for a motion to strike/compel. As you're in Commercial, you first have to try to call the other party to work it out, then (when) that doesn't work, send the court a 2-page or less letter outlining the problem and requesting a conference. Don't just file the motion without Court permission! (The entire procedure is spelled out in the link above. I think its #18 of the Commercial Rules).

Anyway, good luck. Brooklyn is a bit of a madhouse, so you'll need it

 

[melsdutchworld]

As long as you keep an eye on all the rules (and yes, there are a lot), and more importantly, comply with all the court-ordered deadlines, then you should be fine. In turn, if/when the D fails to comply with any of their obligations, be sure to get the wheels turning for a motion to strike/compel. As you're in Commercial, you first have to try to call the other party to work it out, then (when) that doesn't work, send the court a 2-page or less letter outlining the problem and requesting a conference. Don't just file the motion without Court permission! (The entire procedure is spelled out in the link above. I think its #18 of the Commercial Rules).

Anyway, good luck. Brooklyn is a bit of a madhouse, so you'll need it

So I should send the court a letter if I don't get any response to my discovery requests, not just file a motion to compel right away.

Interesting stuff. Learning alot too.

Thanks for the help