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.
- Period
- Variable or combined statutory windows
- Trigger
- Actual assignment to a Commercial Division justice
- Rule
- 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.
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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 7Which separate windows or schedule must be established?
- 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.
- Exclude the established event day and count every intermediate calendar day under GCL 20.
- 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 7Why 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.
- 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 7Does the summons filing start the target?
No. The ordinary target uses assignment to a Commercial Division justice.
22 NYCRR 202.70(g), Rule 7Can I choose a later conference myself?
No. Follow the court notice and any actual adjournment decision.
22 NYCRR 202.70(g), Rule 7Official procedural, counting and completion sources
Provisions used (9)
| Provision | Purpose |
|---|---|
| 22 NYCRR 202.70(g), Rule 7 | The 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 additions | Branch-specific service or filing completion |
| General Construction Law 20, event-day exclusion | Event-day exclusion |
| General Construction Law 30, corresponding calendar month | Corresponding month day and shorter-month end |
| General Construction Law 58, statutory year | Statutory year and leap-year treatment |
| General Construction Law 24, public holidays | Statutory public holidays |
| General Construction Law 25-a, closed final day | Closed final statutory day |
| Election Law 8-100(1)(c), general election day | General election day |