New York State Court Clerk Practice Exam

What document places a case in the calendar, making it ready for a hearing?

1. Notice of appeal

2. Affidavit of service

3. Note of issue

4. Statement of claims

The correct answer is: Note of issue

The document that places a case on the court's calendar and makes it ready for a hearing is known as the note of issue. This is an important procedural document in New York civil litigation since it signals that the parties have completed their pre-trial discovery and are prepared for the trial. By filing a note of issue, a party indicates to the court that the case is ripe for adjudication, and it effectively alerts the court and opposing parties that they should be ready for a hearing. The note of issue also typically includes a certification that all necessary pleadings and papers have been filed, thus streamlining the process and ensuring that the court can efficiently manage its docket. Once the note of issue is filed, the court can schedule the case for trial or a hearing, depending on the nature of the legal matter. The other options do not fulfill the same role. A notice of appeal pertains to appealing a court's decision; an affidavit of service is used to prove that documents were properly served on parties; and a statement of claims outlines the specific claims a party has against the other, but does not itself schedule a hearing.