A Note of Issue in New York is the document that tells the court your civil case is ready for trial. Filed with an accompanying Certificate of Readiness, it closes discovery, places the case on the trial calendar, and starts the 120-day clock for summary judgment motions. It is also the vehicle for demanding a jury trial, so getting it right matters well beyond the paperwork itself.
What Goes in the Note of Issue and Certificate of Readiness
The Note of Issue identifies the case by index number, names the assigned judge and the attorneys, and states whether the trial requested is jury or non-jury. The Certificate of Readiness is a sworn checklist confirming that specific pre-trial steps are done, waived, or not required.1Cornell Law Institute. New York Codes, Rules, and Regulations Title 22 202.21 – Note of Issue and Certificate of Readiness
The certificate items are:
- All pleadings served.
- Bill of particulars served on all parties.
- Physical examinations completed, waived, or not required.
- Medical reports exchanged.
- All known discovery complete, with no outstanding requests.
- Insurance coverage information disclosed.
Each item must be marked complete, waived, or not required. Courts take the certificate at face value. If a material statement is inaccurate, the opposing side has grounds to vacate the filing. In Vargas v. Villa Josefa Realty Corp., the court vacated a Note of Issue after finding the certificate falsely stated an independent medical examination had been conducted and that discovery was complete.2New York State Law Reporting Bureau. Vargas v Villa Josefa Realty Corp. (2006 NY Slip Op 03155)
How To Serve and File
Under 22 NYCRR 202.21, service comes first, then filing. Serve the Note of Issue and Certificate of Readiness on all parties entitled to notice, then file the originals with the county clerk within 10 days after service.1Cornell Law Institute. New York Codes, Rules, and Regulations Title 22 202.21 – Note of Issue and Certificate of Readiness The filing package must include proof of service and the calendar fee.
Service goes to every party that has appeared, usually through counsel; self-represented parties are served directly. Personal delivery, mail, and electronic service where authorized under CPLR 2103 are all acceptable. Service by mail within New York adds five days to any prescribed response period measured from the date of service, and six days if mailed from outside the state but within the U.S.3New York State Senate. New York Civil Practice Law and Rules 2103 – Service of Papers That matters because the opposing party’s 20-day window to challenge the filing runs from service.
Proof of service, typically an affidavit identifying date, method, and recipient, must accompany the filing. Service defects can support a motion to vacate, though objections raised months later for strategic advantage generally fail.
Electronic Filing Through NYSCEF
In counties where e-filing is mandatory under Uniform Rule 202.5-bb, the Note of Issue, Certificate of Readiness, and proof of service are filed electronically through NYSCEF. Mandatory e-filing applies to certain case types in New York, Westchester, and Rockland counties, along with additional designated counties.4NY Courts. NYSCEF FAQs A paper filing in an e-filing county will be rejected. In consensual e-filing counties, parties may opt in. Check the current NYSCEF list before filing.
Filing Fees
In Supreme Court, the Note of Issue fee is $30 if a Request for Judicial Intervention was previously filed and paid for, and $125 if no RJI was filed. A jury demand carries a separate $65 fee. In New York City Civil Court, the equivalent filing is a Notice of Trial at $40, with a $70 jury demand fee.5New York Courts. Filing Fees – N.Y. State Courts Payment goes to the county clerk at filing. A missing or incorrect fee means rejection.
Deadline To File
The court’s preliminary conference order or compliance conference stipulation sets the filing deadline. In New York County’s Differentiated Case Management system, the standard track allows 12 months from the RJI filing. Complex cases (including commercial matters and medical malpractice) get 15 months, mass torts get 20 months, and matrimonial cases get six months.6NYCOURTS.GOV. Conferences and Case Management Other counties use similar structures with their own numbers.
An extension requires a motion showing good cause. Courts view these deadlines as central to docket management and routinely deny extensions where the excuse is that discovery simply was not completed on time.
Demanding a Jury Trial
Under CPLR 4102, the Note of Issue is the vehicle for a jury demand. The filing party can include the demand directly on the Note of Issue. If it does not contain one, any other party may demand a jury by serving a separate written demand on all parties and filing it with the clerk within 15 days of service of the Note of Issue.7New York State Senate. New York Civil Practice Law and Rules 4102 – Demand and Waiver of Trial by Jury
If no party demands a jury within these windows, every party permanently waives the right.7New York State Senate. New York Civil Practice Law and Rules 4102 – Demand and Waiver of Trial by Jury Missing the 15-day deadline is one of the most common procedural mistakes in New York practice, and courts rarely grant relief from the waiver.
What Happens After the Note of Issue Is Filed
Discovery Closes
Filing the Note of Issue ends discovery. The Certificate of Readiness is a sworn representation that discovery is complete, and courts enforce it. A party that still needs discovery must move to vacate within 20 days rather than continue exchanging demands informally.8Cornell Law Institute. New York Codes, Rules, and Regulations Title 22 202.21 – Note of Issue and Certificate of Readiness – Section: (e) Vacating Note of Issue
Reopening discovery after the fact is rare. In Ruiz v. Park Gramercy Owners Corp., the Appellate Division held that the Note of Issue should have been vacated because the plaintiff had not provided required medical authorizations and expense receipts before filing.9Justia. Ruiz v Park Gramercy Owners Corp.
The 120-Day Summary Judgment Clock Starts
Under CPLR 3212, a summary judgment motion must be made no later than 120 days after filing of the Note of Issue, unless the court sets a different deadline (which cannot be earlier than 30 days after filing).10NYCOURTS.GOV. Rule 3212 – Motion for Summary Judgment After the window closes, the court can hear a late motion only on good cause shown, a difficult standard. Calendar the deadline the day the Note of Issue is filed.
Trial Calendar Placement
The court assigns the case to a trial calendar after filing. In high-volume counties, placement does not mean a courtroom date is imminent. Scheduling depends on judicial availability, case complexity, and priority. Many courts require a pre-trial conference before setting a firm trial date, and some refer cases to mediation or other alternative dispute resolution at this stage.
Vacating the Note of Issue
Any party may move to vacate within 20 days of service by showing that a material fact in the Certificate of Readiness is incorrect or that the certificate fails to comply with 22 NYCRR 202.21 in some material respect.8Cornell Law Institute. New York Codes, Rules, and Regulations Title 22 202.21 – Note of Issue and Certificate of Readiness – Section: (e) Vacating Note of Issue The motion must be supported by an affidavit explaining specifically why the case is not ready for trial.
The usual grounds are incomplete depositions, outstanding expert disclosures, unfulfilled document demands, and physical examinations that never took place. The 20-day window is strict, and some courts treat delay itself as a basis to deny the motion. A judge can also strike the Note of Issue on the court’s own initiative if the case is not genuinely trial-ready.
Medical Malpractice Cases
Actions for medical, dental, or podiatric malpractice have extra pre-trial requirements under CPLR 3406, including mandatory filing requirements and a pre-calendar conference before the Note of Issue can be filed.11New York State Senate. New York Civil Practice Law and Rules Article 34 The Supreme Court Note of Issue form asks whether the case falls in this category. Filing before completing the CPLR 3406 conference requirements can result in the Note being vacated or held off the trial calendar until the conference is done.
If the Case Is Marked Off the Calendar
Under CPLR 3404, a case marked off, struck from the calendar, or unanswered on a clerk’s calendar call gives the parties one year to restore it. If no one moves to restore within that year, the case is automatically deemed abandoned and dismissed without costs, entered by the clerk without any court order.12New York State Senate. New York Civil Practice Law and Rules 3404 – Dismissal of Abandoned Cases
Restoration within the year requires a motion on notice (or a stipulation from all parties approved by the court), supported by an affidavit from someone with firsthand knowledge explaining why the case was struck and showing that it is now ready for trial.13Cornell Law School. New York Codes, Rules, and Regulations Title 22 208.14 – Calendar Default, Restoration, Dismissal After the year closes, restoration is significantly harder: a party must generally show a reasonable excuse for the delay, a meritorious case, no prejudice to the opposing side, and no intent to abandon. The longer the delay, the closer the scrutiny.