N.Y. Comp. Codes R. & Regs. Tit. 22 r. 202.70.11 - Discovery
(a) The court may
direct plaintiff to produce a document stating clearly and concisely the issues
in the case prior to the preliminary conference. If there are counterclaims,
the court may direct the party asserting such counterclaims to produce a
document stating clearly and concisely the issues asserted in the
counterclaims. The court may also direct plaintiff and counterclaim plaintiff
to each produce a document stating each of the elements in the causes of action
at issue and the facts needed to establish their case.
(b) The court may further direct, if a
defendant filed a motion to dismiss and the court dismissed some but not all of
the causes of action, plaintiff and counterclaim plaintiff to revisit the
documents to again state, clearly and concisely, the issues remaining in the
case, the elements of each cause of action and the facts needed to establish
their case.
(c) Any written
description of a party's claims/defenses provided under this Rule is not
binding and does not limit the scope of a party's pleadings.
(d) The preliminary conference will result in
the issuance by the court of a preliminary conference order. Where appropriate,
the order will contain specific provisions for means of early disposition of
the case, such as (i) directions for submission to the alternative dispute
resolution program, including, in all cases in which the parties certify their
willingness to pursue mediation pursuant to Rule 10, provision of a specific
date by which a mediator shall be identified by the parties for assistance with
resolution of the action; (ii) a schedule of limitedissue discovery in aid of
early dispositive motions or settlement; and/or (iii) a schedule for
dispositive motions before disclosure or after limited-issue
disclosure.
(e) The order will also
contain a comprehensive disclosure schedule, including dates for the service of
third-party pleadings, discovery, motion practice, a compliance conference, if
needed, a date for filing the note of issue, a date for a pre-trial conference
and a trial date.
(f) The
preliminary conference order may provide for such limitations of
interrogatories and other discovery as may be necessary to the circumstances of
the case. Additionally, the court should consider the appropriateness of
altering prospectively the presumptive limitations on depositions set forth in
Rule 11-d.
(g) The court will
determine, upon application of counsel, whether discovery will be stayed,
pursuant to CPLR 3214(b), pending the determination of any dispositive
motion.
Notes
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