Time Chart of Potential Mistakes: Index Number, Depositions Through Note of Issue, and Note of Issue
Index Number
- Statue of limitation not satisfied until purchase of index number in Supreme Court. Watch for different rule in Civil Court
- Pick correct venue or opponent will have a free hand
- Inscribe on Summons and on Complaint, along with date of purchase
- Watch for mixing equitable cause of action along with legal cause of action and eventual jury demand
- Watch for second index number after a motion seeking leave or a motion seeking pre-complaint discovery
- Changes in caption after motion seeking leave.
Depositions Through Note of Issue
- Timely requesting and performing physical examination
- Timely exchanging original medical reports and defendant’s physical examination
- Deposing all the necessary witnesses
- Correct non-party deposition procedure
- Memorialize the deposition using video, correct procedure
- Calendar practice during this period will have numerous conferences
- Responding to pre-note Motions for Summary Judgment, correct affidavits
- Time limits for Motions for Summary Judgment
- Response to expert demands
- Responding to, or formulating post-deposition demands
- Requests for Admissions
Note of Issue
- Physical examination
- Exchange of reports
- Compliance conference and date for Note of Issue- don’t miss
- Report negotiations to the client
- Settlements, written, oral, stipulations or in open court
- 90 day notice and it’s pitfalls
- Filing and waiver of other discovery
- Jury demand must affirmatively be made, and fee paid