N.Y. Comp. Codes R. & Regs. Tit. 22 § 202.26 - Settlement and Pretrial Conferences
(a)
Settlement Conference. At the time of certification of the matter as ready for
trial or at any time after the discovery cut-off date, the court may schedule a
settlement conference which shall be attended by counsel and the parties, who
are expected to be fully prepared to discuss the settlement of the
matter.
(b) Pre-Trial Conference.
Prior to Trial, counsel shall confer in a good faith effort to identify matters
not in contention, resolve disputed questions without need for court
intervention and further discuss settlement of the case. Where a pre-trial
conference is scheduled, or otherwise prior to the commencement of opening
statements, counsel shall be prepared to discuss all matters as to which there
is disagreement between the parties and settlement of the matter, and the court
may require the parties to prepare a written stipulation of undisputed
facts.
(c) Consultation Regarding
Expert Testimony. The court presiding over a non-jury trial or hearing may
direct that prior, or during, the trial or hearing, counsel for the parties
consult in good faith to identify those aspects of their respective experts'
anticipated testimony that are not in dispute. The court may further direct
that any agreements reached in this regard shall be reduced to a written
stipulation.
Notes
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