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  1. #1
    Join Date
    Dec 2011
    Posts
    5

    Default Note of Issue and Certificate of Readiness for Trial

    My question involves court procedures for the state of: NY

    I am not a lawyer, but I have some experience as a pro se litigant and I am plaintiff pro se in a pending case. I am being required by the referee to which my case has been assigned to file a Note of Issue and Certificate of Readiness for trial before the assigned judge. The referee is empowered to issue orders, in this instance a Trial Readiness Order, and the orders are signed by another judge who oversees discovery and procedural issues. I am not ready for trial and I have pending motions asking to compel discovery and to vacate the Trial Readiness Order. The referee knows about my motions and has refused my request to withdraw the Trial Readiness Order. I have looked at the case law and common sense dictates that I do not meet the conditions stated in the Certificate of Readiness (as outlined in 22 NYCRR 202.21) and the Note of Issue requires a valid Certificate of Readiness, so these submissions are invalid not to mention that I believe there are filing fees which I might have to pay a second time when trial is ready. My question is: How do I submit papers which I know are invalid? How can I mark them to show that I am submitting the papers under objection?

  2. #2
    Join Date
    May 2011
    Posts
    638

    Default Re: Note of Issue and Certificate of Readiness for Trial

    Read Section 202.21 (c)(d) and get a lawyer who will sell unbundled services to handle this one part for you.

    http://www.nycourts.gov/rules/trialcourts/202.shtml#21

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