§ 3402. Note of issue.
199 words·~1 min read·
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Rule 3402. Note of issue.
(a)Placing case on calendar. At any time
after issue is first joined, or at least forty days after service of a
summons has been completed irrespective of joinder of issue, any party
may place a case upon the calendar by filing, within ten days after
service, with proof of such service two copies of a note of issue with
the clerk and such other data as may be required by the applicable rules
of the court in which the note is filed. The clerk shall enter the case
upon the calendar as of the date of the filing of the note of issue.
(b)New parties. A party who brings in a new party shall within five
days thereafter serve him with the note of issue and file a statement
with the clerk advising him of the bringing in of such new party and of
any change in the title of the action, with proof of service of the note
of issue upon the new party, and of such statement upon all parties who
have appeared in the action. The case shall retain its place upon the
calendar unless the court otherwise directs.