No-fault Preliminary Conferences in New York County
In General
Preliminary Conference Procedure
Compliance Conference Procedure
As of January 2, 2006, all cases filed in the Civil Court, New York County, following Insurance Law § 5106(a) and 11 NYCRR Part 65 by a medical provider to recover damages from an insurance provider for services rendered to an insured (no-fault cases) must be noticed for a preliminary conference following 22 NYCRR 208.9. These conferences are to be requested within 45 days of joinder of issue. At the preliminary conference a discovery schedule will be set and a date for a compliance conference will be chosen.
Preliminary Conference Procedure
Within 45 days of joinder of issue, the attorney for the plaintiff must serve a copy of the Request for a Preliminary Conference, form CIV-GP-130, on the defendant. The original Request for a Preliminary Conference must be filed in the clerk’s office, together with an affidavit of service on the defendant and stamped post cards, addressed to all parties. A copy of this form may be obtained by clicking on Request for a Preliminary Conference, or from the clerk’s office, New York County Civil Court, 111 Centre Street, Room 118.
Upon submission of a Request for a Preliminary Conference form, a preliminary conference will be scheduled in Part 27 and the parties will be notified by post card. The cases will also be listed in the New York Law Journal.
At the preliminary conference in Part 27, a discovery schedule will be ordered. The Discovery Order will contain a date for the parties to return for a compliance conference.
If the parties settle the action before the preliminary conference date, the parties may file a Preliminary Conference Stipulation and Order for Discovery, form CIV-GP-131, and no appearance will be necessary. If the parties complete discovery or stipulate to a discovery schedule prior to the preliminary conference date, form CIV-GP-131, along with stamped post cards addressed to the attorney for the plaintiff and defendant shall be submitted for notification to the parties of the compliance hearing date. No appearance will be necessary. To obtain a copy of this form, click on Preliminary Conference Stipulation and Order for Discovery.
Compliance Conference Procedure
After the preliminary conference, if the case is not settled, a compliance conference will be held in Part 28. At the compliance conference, the judge may enter an order for whatever relief is deemed appropriate. If all discovery has been completed, the parties may be directed to file a Notice of Trial.
If the case is scheduled for compliance in Part 28 and the parties settle the action, a copy of the Compliance Stipulation and Order, form CIV-GP-132, may be filed with the Part 28 clerk on or before the return date. If form CIV-GP-132 is filed, no appearance will be necessary. To obtain a copy of this form, click on Compliance Stipulation and Order.
