Settlement conference in dental, podiatric and medical malpractice actions
Rule 3409. Settlement conference in dental, podiatric and medical malpractice actions. In every dental, podiatric or medical malpractice action, the court shall hold a mandatory settlement conference within forty-five days after the filing of the note of issue and certificate of readiness or, if a party moves to vacate the note of issue and certificate of readiness, within forty-five days after the denial of such motion. Where parties are represented by counsel, only attorneys fully familiar with the action and authorized to dispose of the case, or accompanied by a person empowered to act on behalf of the party represented, will be permitted to appear at the conference. Where appropriate, the court may order parties, representatives of parties, representatives of insurance carriers or persons having an interest in any settlement to also attend in person or telephonically at the settlement conference. The chief administrative judge shall by rule adopt procedures to implement such settlement conference.
In every dental/podiatric/medical malpractice action, the court holds a mandatory settlement conference within 45 days after the note of issue and certificate of readiness are filed — or, if someone moves to vacate them, within 45 days after that motion is denied. ★ Only attorneys fully familiar with the case and authorized to settle (or accompanied by someone empowered to act) may appear. The court may order parties, insurers, or interested persons to attend.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 2 — The JG-22 CPLR and in Volume 1 — The JG-22 in Plain English.