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United States · New York civil procedure

When will a Commercial Division preliminary conference be held?

Rule 7 targets a conference within 45 days of assignment, or as soon afterward as practicable. The court sets the actual date.

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Read why no date is calculated
Period
Variable or combined statutory windows
Trigger
Actual assignment to a Commercial Division justice
Rule
22 NYCRR 202.70(g), Rule 7
22 NYCRR 202.70(g), Rule 7

Current official court provision retained as a bounded extract. Reviewed. A revision label is not an inferred effective date.

Source guide · No automated date

When will a Commercial Division preliminary conference be held?

The rule includes practicability, a dispositive-motion alternative and the actual court schedule. One assignment date cannot supply the conference date.

22 NYCRR 202.70(g), Rule 7

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Which event starts the 22 NYCRR 202.70(g), Rule 7 requirement?

Retain the actual assignment record and conference notice. Do not substitute the commencement date.

Check whether the RJI accompanied a dispositive motion. That branch ordinarily targets thirty days following the decision, unless moot or scheduled earlier.

Responsible actor. The Commercial Division court setting the conference and parties attending it. Commercial Division Rule 7 scheduling. The 45-day target is not a fixed party filing deadline.

22 NYCRR 202.70(g), Rule 7

Which separate windows or schedule must be established?

  1. Retain the actual assignment record and conference notice. Do not substitute the commencement date.
  2. Check whether the RJI accompanied a dispositive motion. That branch ordinarily targets thirty days following the decision, unless moot or scheduled earlier.
  3. Exclude the established event day and count every intermediate calendar day under GCL 20.
  4. Attend the actual court-noticed conference and comply with its preparation requirements. The court sends at least five days of notice.

The rule includes practicability, a dispositive-motion alternative and the actual court schedule. One assignment date cannot supply the conference date.

22 NYCRR 202.70(g), Rule 7

Why does one date not resolve this requirement?

Fictitious comparison. Two cases assigned on the same date may receive different court conference notices. A dispositive-motion RJI also uses the later decision or an earlier court-set date.

The rule includes practicability, a dispositive-motion alternative and the actual court schedule. One assignment date cannot supply the conference date.

Which facts change this requirement?

Practicability
The rule expressly permits the conference as soon after forty-five days as practicable.
Dispositive motion
An RJI accompanied by a dispositive motion has a separate decision-based or earlier court-set schedule.
Adjournment
Absent good cause, no more than one adjournment or more than thirty days is allowed. No adjournment is assumed.
Combined procedure or actual schedule
The rule includes practicability, a dispositive-motion alternative and the actual court schedule. One assignment date cannot supply the conference date.
22 NYCRR 202.70(g), Rule 7
  • Commercial Division Rule 7 scheduling. The 45-day target is not a fixed party filing deadline.
  • The rule includes practicability, a dispositive-motion alternative and the actual court schedule. One assignment date cannot supply the conference date.

Which completed acts and evidence should be retained?

Questions about 22 NYCRR 202.70(g), Rule 7

When will a Commercial Division preliminary conference be held?

Must I file something on day forty-five?

This provision directs court scheduling. It does not create a universal party filing obligation on that date.

22 NYCRR 202.70(g), Rule 7

Does the summons filing start the target?

No. The ordinary target uses assignment to a Commercial Division justice.

22 NYCRR 202.70(g), Rule 7

Can I choose a later conference myself?

No. Follow the court notice and any actual adjournment decision.

22 NYCRR 202.70(g), Rule 7

Official procedural, counting and completion sources

Provisions used (9)
Provisions used in this guide
ProvisionPurpose
22 NYCRR 202.70(g), Rule 7The particular actor, event, period and required act
22 NYCRR 202.5-b(d), (f), (h), (i)Branch-specific service or filing completion
CPLR 2103, party-paper service and specified method additionsBranch-specific service or filing completion
General Construction Law 20, event-day exclusionEvent-day exclusion
General Construction Law 30, corresponding calendar monthCorresponding month day and shorter-month end
General Construction Law 58, statutory yearStatutory year and leap-year treatment
General Construction Law 24, public holidaysStatutory public holidays
General Construction Law 25-a, closed final dayClosed final statutory day
Election Law 8-100(1)(c), general election dayGeneral election day
Read the official provision

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