Compliance Conference Order

Bronx County Supreme Court COMPLIANCE CONFERENCE ORDER Part IA-11 Present: X Index No. Plaintiff(s), - against Date RJI ffled: Defendant(s). X / UPON the Preliminary Conference Order dated Compliance Conference held on hereby . and following a , and it appearing that disclosure was previously ordered herein and has not been completed, or that additional disclosure is warranted, it is ORDERED that disclosure shall proceed and be completed in accordance herewith; and it is further ORDERED that proceedings directed herein shall be completed on or before the dates set forth. No adjournments, postponements or alterations of this order are permitted without the court's written approval, and none may be had upon the stipulation of the parties alone; and it is further ORDERED that disclosure demands now known to be necessary which are not raised at this conference are deemed to be waived, unless otherwise ordered by the Court; and it is further ORDERED that any statutory stays of disclosure due to the pendency of motions pursuant to CPLR §§ 3211, 3212 and 3213 are vacated; and it is further ORDERED that any parties failing to appear at this conference shall be bound by the terms of this order; and it is further Revised 12/04/03 American LegalNet, Inc. www.FormsWorkflow.com COMPLIANCE CONFERENCE ORDER ORDERED that the outstanding discovery shall be provided as follows: 1. 2. INSURANCE COVERAGE: Page 2 of 3 To be provided by _________________________________ BILL OF PARTICULARS: ___A. Response to be provided by Dated:______________ ___B. Supplemental Bill of Particulars as to items: _________________________________________________ _________________________________________________ To be served by ______________________ ___ C. D&I by ______ to be served by ___________________ ___ D. Response to_______'s D & I dated be served by __________________ to 3. AUTHORIZATIONS: A. For Medical Records (specifically for ______________________ ____________________________________________________) to be served by_____________________________ B. Authorizations for Plaintiff's: Employment Records; W-2 Records for Period _____________________) Other (Specify) ________________________________, To be served by: ________________________ C. For ______________________________________________ to be served by ___________________ 4. EXAMINATION BEFORE TRIAL: Plaintiff Defendant All Parties NOTE: NO POSTPONEMENTS ARE PERMITTED WITHOUT COURT APPROVAL. ___ A. To Be Held On ______ __________________ at _____ _______ _________ At or unless otherwise agreed, the Bronx Supreme Court Building, Room 118. Any EBT's not completed on said date will be continued on ___________________________________________________________________ B. Limitations: _______________________________________ _______________________________________________________________________ C. Post EBT demands to be served by _________________________________ and must be responded to by FAILURE TO COMPLY WITH THIS SCHEDULE WILL RESULT IN THE PRECLUSION OF THE OFFENDING PARTY OR WAIVER OF EBT BY NONAPPEARING PARTY, UNLESS OTHERWISE ORDERED BY THE COURT. Revised 12/04/03 American LegalNet, Inc. www.FormsWorkflow.com COMPLIANCE CONFERENCE ORDER 5. PHYSICAL EXAMINATION: Page 3 of 3 A. Defendant to designate physician(s) in writing by ___________________________________. B. Examination to be held by __________________________. C. Copy of physician's report to be furnished within 30 days of examination. . . 6. OTHER DISCLOSURE: FAILURE TO TIMELY DESIGNATE WILL RESULT IN A WAIVER OF SUCH EXAMINATION, UNLESS OTHERWISE ORDERED BY THE COURT. FAILURE TO COMPLY WILL RESULT IN PLAINTIFFS PRECLUSION FROM OFFERING ANY EVID ENCE AT TRIAL REGARDING THEIR PHYSICAL CONDITION, UNLESS OTHERWISE ORDERED BY THE COURT. A. None. B. All parties to exchange names and addresses of all witnesses, opposing parties statements and photographs. If none, an affirmation . to that effect shall be exchanged by C. Other: To be served by _____________________________. and it is further ORDERED that plaintiff __________________________ shall serve and file a Note of Issue and Certificate of Readiness on or before ___________________________. The failure to file a Note of Issue as required by this order may subject the plaintiff to fines. Plaintiff may not file a Note of Issue unless all discovery due by plaintiff has been completed pursuant to this order. A party that files a Note of Issue where that party has not complied with this order may be subject to costs and/or sanctions; and it is further ORDERED that failure to comply with the directives and schedule outlined herein will result in either a waiver of the item requested or the preclusion of items or testimony of the offending party's evidence at the time of trial, and/or the imposition of costs and sanctions, unless otherwise ordered by the Court. DATED: ___________________ ENTER: _____________________________________ J.S.C. Revised 12/04/03 American LegalNet, Inc. www.FormsWorkflow.com