What's happening
This bill requires that any court order setting a deadline for summary judgment motions must be specific to each case.
Why it matters
Ensures case-by-case consideration. By requiring that any deadline for summary judgment motions be set through an order specific to each case, the bill prevents courts from using blanket policies or generic deadlines, leading to more tailored and fair scheduling for all parties involved.
Improves procedural fairness. The amendment may help prevent situations where unique complexities or circumstances of a particular case are overlooked, reducing the risk that parties are unfairly rushed or delayed in filing summary judgment motions.
Applies immediately and broadly. The bill’s immediate effect on all pending and future cases means that ongoing litigation could see changes in how deadlines are set, potentially impacting current litigation strategy for attorneys and litigants.
Limits judicial shortcuts. By mandating individualized orders, the legislation discourages courts from defaulting to administrative convenience, reinforcing the judiciary’s responsibility to actively manage each case according to its specific needs.
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Set Summary Judgment Deadlines
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History
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- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5389
2017-2018 Regular Sessions
IN ASSEMBLY
February 8, 2017
Introduced by M. of A. WEPRIN -- read once and referred to the Committee on Codes
AN ACT to amend the civil practice law and rules, in relation to motions for summary judgment
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision (a) of rule 3212 of the civil practice law and rules, as amended by chapter 492 of the laws of 1996, is amended to read as follows:
(a) Time; kind of action. Any party may move for summary judgment in any action, after issue has been joined; provided however, that the court by order specific to the case may set a date after which no such motion may be made, such date being no earlier than thirty days after the filing of the note of issue. If no such date is set by the court, such motion shall be made no later than one hundred twenty days after the filing of the note of issue, except with leave of court on good cause shown.
§ 2. This act shall take effect immediately and shall apply to all actions pending or commenced on and after such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09496-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.