Outline of a Lawsuit – Part 19 – File the “Note of Issue” and Prepare for trial

At this juncture, all medical records, hospital records, etc., (and authorizations for defendants to obtain the same) have been exchanged.  Your client has testified as to the facts concerning liability (how the accident occurred) and damages (the pain and suffering sustained, as well as the economic loss).

Your client and the defendant(s) and other witnesses have testified at a deposition and a medical doctor has “examined” your client and rendered a report of that examination.

It is time to file your “Note of Issue” and “Certificate of Readiness.”  Your case will be entered onto a list to wait for a trial date.  Prior to that trial date (depending on the county that you are in) you will be asked to attend a conference entitled “Pre-Trial Conference” (as opposed to a “Preliminary Conference.”)

A Pre-Trial conference (theoretically) is an opportunity to discuss your case with a judge.  The purpose (theoretically) is to try to resolve the case.  Due to the heavy burden on the court system, this conference (unfortunately) is usually unproductive.

The conference usually results in a scheduling of a firm date for trial, usually 4 to 6 months from the date of the Pre-Trial Conference.

Be prepared for the next step in the litigation process.  Generally, this is the level that a Motion for Summary Judgement is usually filed.  I will explain the significance of this application in the next blog.

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