N.Y. Comp. Codes R. & Regs. tit. 22 § 212.23

Current through Register Vol. 46, No. 43, October 23, 2024

Section 212.23 - Call of reserve, ready and general calendars

(a) Reserve calendars. At such times as the Chief Administrator of the Courts shall prescribe, there shall be a call of actions on the reserve calendars in sequence and in sufficient number to insure a steady supply of cases to the ready calendar. When such a call is held, the actions thereon, if marked "ready," shall be passed and subsequently added to the ready calendar, or may be marked "disposed" or stricken from the calendar, as may be appropriate.

(b) Ready calendars.

(1) The ready calendars shall be called at such time and in such parts as the Chief Administrator shall direct. Actions shall be called in order and shall be announced "ready," "ready subject to engagement" or "disposed." If any party does not so respond, the calendar judge shall treat the action as in default, unless for good cause shown, arising after the action appeared on the ready calendar and not reasonably discoverable or foreseeable, the judge shall direct that the action be held on the ready calendar for a period not to exceed 10 days. If the inability to proceed to trial is expected to exceed 10 days, the action shall be returned to the reserve calendar or stricken from the calendar, as circumstances warrant, unless, for good cause shown, the court on application grants an adjournment.

(2) Actions announced "ready" on the call of the calendar shall be assigned in order to the available trial parts. Jury actions will be sent out for jury selection if a trial part is available, or scheduled for jury selection at the opening of court on the next court day or as soon as practicable thereafter. Subject to the provisions of section 212.25 of this Part, no delay will be permitted in selection of a jury, and failure of counsel to proceed as directed or to appear promptly at the directed time on the specified court day will be treated as a calendar default.

(3) The actions on the ready calendar must be answered by or on behalf of the trial counsel each day the calendar is called, unless otherwise ordered by the calendar judge, or unless trial counsel already has demonstrated an engagement during one or more days. The calendar judge may discontinue the call of the ready calendar when sufficient ready cases have been identified to fill all trial parts available on the day of the call and which are expected to become available on the next court day.

(4) When an action has been announced "ready" but no part is immediately available, counsel may arrange with the calendar judge to be summoned by telephone, provided they agree to hold themselves available and to appear on one hour's notice or at such other time as the court may order at the time and part assigned for the trial.

(c) General calendar. At such time or times and in such manner as the Chief Administrator may direct, a call shall be made of all actions on the general calendar not reached on a ready calendar.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 212.23