R3407 - Preliminary conference in personal injury actions involving certain terminally ill parties.

Rule 3407. Preliminary conference in personal injury actions involving  certain terminally ill parties. (a) Request for conference. At any time,  a  party  to  an  action  who  is  terminally  ill, and who asserts in a  pleading in such action that such terminal illness is the result of  the  culpable  conduct  of  another  party  to  such  action,  may request an  expedited preliminary conference in such action. Such request  shall  be  filed  in  writing with the clerk of the court, and shall be accompanied  by a physician's affidavit stating that the party is terminally ill, the  nature of the terminal illness, and the duration of life  expectancy  of  such  party,  if known. The court shall hold a preliminary conference in  such action within twenty days after the filing of such a request.    (b) 1. Preliminary conference. At  such  preliminary  conference,  the  court shall issue an order establishing a schedule for the completion of  all  discovery proceedings, to be completed within ninety days after the  date of the preliminary conference, unless it can  be  demonstrated  for  good cause that a longer period is necessary.    2. At such preliminary conference, the court shall issue an order that  a  note  of  issue  and certificate of readiness be filed in such action  within a period of time specified in the order, that the action  receive  a  preference  in trial, and that the trial be commenced within one year  from the date of such order. In its discretion, and upon application  of  any party, the court may advance or adjourn such trial date based on the  circumstances of the case.    3.  Notwithstanding  the provisions of subdivision (b) of rule 3214 of  this chapter, the service or pendency of a motion under rule 3211,  3212  or  section  3213 of this chapter shall not stay disclosure in an action  where a preliminary conference order has been entered pursuant  to  this  rule.