R 3407.Preliminary conference in personal injury actions involving certain terminally ill parties

CPLR 3407(a) opens a fast track to any party who is terminally ill and claims, in a pleading, that the illness resulted from another party's culpable conduct. That party can request an expedited preliminary conference at any point in the case by filing a written request with the clerk, backed by a physician's affidavit stating the illness, its nature, and the party's life expectancy if known. The court must hold the conference within twenty days of that filing.

CPLR 3407(b) spells out what comes out of the conference. The court orders a discovery schedule that wraps up within ninety days, unless good cause is shown for more time, and separately orders that a note of issue and certificate of readiness be filed by a set date, that the case get a trial preference, and that trial start within a year of the order, though the court can move that date earlier or later on a party's application. On top of that, a pending motion to dismiss, for summary judgment, or for summary judgment in lieu of complaint does not automatically pause discovery in these cases, despite CPLR 3214(b)'s usual rule that such a motion stays disclosure.

The rule exists for cases where time works against the party bringing the claim in a way an ordinary calendar cannot accommodate. It shares its concern for terminal illness with CPLR 3403(a)(6), which grants a trial preference on the same grounds, but CPLR 3407 goes further by compressing the discovery and trial schedule itself.