N.Y. Comp. Codes R. & Regs. tit. 22 § 212.24

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

Section 212.24 - Day certain for trial

(a) Applications for a day certain for trial shall be made to the calendar judge or, if no calendar part has been established, to the trial judge, on an affidavit of the attorney of record or a stipulation of the attorneys for all parties that trial counsel, a party or a material witness resides more than 100 miles from the courthouse or is in the military service or that some other undue hardship exists. Applications to the calendar judge shall be made on notice and must be made before the action is advanced to the ready calendar.

(b) If a day certain is ordered, the action shall be withheld from the ready calendar until that day, at which time it shall appear at the top of the ready calendar. Absent special circumstances, the day designated for trial shall be a date which does not in effect grant a preference to the action. Such day-certain actions shall be taken into consideration in determining the number of actions held for counsel under section 212.25 of this Part when they appear on the ready calendar.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 212.24