![]() Uniform Civil Rules For The Supreme Court & The County Court, no action or special proceeding shall be deemed ready for trial unless there is first filed a note of issue accompanied by a certificate of readiness, with proof of service on all parties entitled to notice, in the form prescribed by this section: (2) a person who possessed a cause of action or defense asserted in the action (1) a party, or the officer, director, member, agent or employee of a party There shall be full disclosure of all matter material and necessary in the prosecution or defense of an action, regardless of the burden of proof, by: Bua, the Appellate Division, Second Department noted that judicial economy is accomplished by the statute of limitations in part by preventing the interruption of the normal course of lawsuits by proceedings to add parties whose joinder will inevitably result in further delays for the purpose of discovery.ĬPLR § 3101 sets out the general rule that there shall be full disclosure of all matter material and necessary in the prosecution or defense of an action, regardless of the burden of proof, by parties to the action: The plaintiffs filed a summons and amended complaint and the Court stated that the parties were to proceed with discovery respecting the newly-added party defendants. Syms, the New York Supreme Court, Westchester County noted that an order of the Court had granted the plaintiff's motion to add defendant parties to the action. The Court also noted that the relation back doctrine, under which a defendant that is related to an original defendant may be added as a party after the statutory limitations period has expired, does not deprive a newly added party of its right to engage in discovery. The New York Supreme Court, Bronx County stated that, as a newly added party, the defendant was entitled to conduct its own discovery even though the party was added to the action while the case was on the trial calendar. ![]() The parties disputed whether the newly added defendant was entitled to conduct discovery. Realty Corp., a defendant was added to an action after the certificate of readiness was filed. Uniform Civil Rules For The Supreme Court & The County Court) Uniform Civil Rules For The Supreme Court & The County Court, the certificate of readiness for trial requires the parties to confirm that any discovery proceedings known to be necessary have been completed. However, the following legislation, rules, and cases may be instructive as to the discovery process required when new parties are added.ĬPLR § 3101 sets out the general rule that there shall be full disclosure of all matter material and necessary in the prosecution or defense of an action, regardless of the burden of proof, by parties to the action. No New York Cases were identified that specifically set out discovery obligations in respect of the claims against parties that were added as defendants to an action after the existing parties had completed discovery.
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