New York State Court Clerk Practice Exam

What is the mechanism for placing the case in the trial calendar?

1. Notice of trial

2. Order of the court

3. Note of issue

4. Application for trial

The correct answer is: Note of issue

The mechanism for placing a case in the trial calendar is the note of issue. This is a formal document filed by a party in a civil action, which indicates that the case is ready for trial. Filing a note of issue serves as a notification to the court and all parties involved that all necessary pre-trial procedures have been completed and that the case is ready for a trial date to be assigned. The note of issue must be accompanied by a certificate of readiness, affirming that discovery is complete and that no outstanding motions or issues will delay the case from proceeding to trial. Once the note of issue is filed and accepted by the court, it places the case within the trial calendar, thus creating an official record of the intention to proceed to trial. Understanding this mechanism is crucial for anyone involved in the court clerking process, as it is a key step in managing trial schedules and ensuring that cases are processed efficiently.