It can, but not before a series of required steps. Under the Uniform Civil Rules for the Supreme Court and the County Court, no action is deemed ready for trial unless a note of issue accompanied by a certificate of readiness is first filed, with proof of service on all parties entitled to notice.
Key facts
- Service must be made within 120 days after the action is commenced (or, where the applicable statute of limitations is four months or less, no later than 15 days after it expires); if a defendant is not served in time, the court, upon motion, must dismiss the action without prejudice as to that defendant, or extend the time upon good cause shown or in the interest of justice.
- A defendant appears by serving an answer or a notice of appearance, or by making a motion that has the effect of extending the time to answer, within 20 days after service of the summons, or within 30 days after service is complete if the summons was served by one of the specific methods listed in CPLR 320(a); if the complaint is not served with the summons, the time to appear may be extended as provided in CPLR 3012(b).
- Under the CPLR, a jury is composed of six persons, and a unanimous verdict is not required: a verdict may be rendered by not less than five-sixths of the jurors.
| Image for Blog PostImage to use (Envato). Envato Elements search for courthouse steps Pick a photo with no recognizable people or readable license plates.Alt text to set on the image: Steps of a courthouse |
What goes into the bill of particulars in a car accident case?
In actions to recover for personal injuries, CPLR 3043(a) lists the particulars that may be required, including:
- the date and approximate time of day of the occurrence, and its approximate location;
- a general statement of the acts or omissions constituting the negligence claimed;
- a statement of the injuries and a description of those claimed to be permanent;
- in an action described in Insurance Law § 5104(a) for personal injuries arising out of negligence in the use or operation of a motor vehicle in New York, in what respect the plaintiff has sustained a serious injury as defined in Insurance Law § 5102(d), or economic loss greater than basic economic loss as defined in Insurance Law § 5102(a);
- the length of time confined to bed and to house, and the length of time incapacitated from employment;
- the total amounts claimed as special damages for physicians' services and medical supplies, loss of earnings (with the name and address of the employer), hospital expenses and nurses' services.
What happens during disclosure and depositions?
CPLR 3101(a) provides for full disclosure of all matter material and necessary in the prosecution or defense of an action, regardless of the burden of proof. A party who wants to take the deposition of any person upon oral examination must give each party 20 days' notice, unless the court orders otherwise. The notice must be in writing and state the time and place of the deposition.
In Supreme Court and County Court cases, a party may request a preliminary conference at any time after service of process. If no party makes that request, then after a request for judicial intervention is filed, the court promptly emails all parties a form stipulation and order that provides for completion of disclosure within 12 months of the filing of the request for judicial intervention for a standard case, or within 15 months for a complex case. In its discretion, the court may instead issue a case scheduling order with the same disclosure timetable, and any party may, within 10 days of entry of that order, object to it and request a preliminary conference.
Can the other side require a medical examination?
Yes. After an action is commenced in which a party's mental or physical condition is in controversy, any party may serve notice on another party to submit to a physical, mental or blood examination by a designated physician. The notice may also require duly executed and acknowledged written authorizations that allow all parties to obtain and copy the records of specified hospitals relating to that condition, and a copy of the notice must be served on the person to be examined.
When is a case ready for trial, and when is there a jury?
The certificate of readiness form in 22 NYCRR 202.21 lists items including "Bill of particulars served," "Physical examinations completed," "Medical reports exchanged," "There are no outstanding requests for discovery" and "The case is ready for trial."
Any party may demand a trial by jury of any issue of fact triable of right by a jury by serving on all other parties, and filing, a note of issue containing a jury demand. A party served with a note of issue that does not contain a demand may serve and file its own jury demand within 15 days after service of the note of issue. If no party demands a jury as the rule provides, the right to trial by jury is deemed waived by all parties.
Frequently asked questions
What happens if the jurors cannot reach a five-sixths verdict?
If five-sixths of the jurors cannot agree after being kept together for as long as the court deems reasonable, the court must discharge the jury and direct a new trial before another jury.
Can the bill of particulars be updated as treatment continues?
A supplemental bill of particulars covering continuing special damages and disabilities may be served without leave of court at any time, but not less than 30 days before trial. It cannot allege a new cause of action or claim a new injury, and the other party, on seven days' notice, may newly exercise its discovery rights, but only with respect to those continuing special damages and disabilities.
Does a deposition notice have to list the topics of the questioning?
No. Under CPLR 3107, the notice need not enumerate the matters upon which the person is to be examined.
About William Mattar, P.C.
William Mattar, P.C. was founded in 1990 by William K. Mattar in Williamsville, NY, and focuses on motor vehicle accident cases. The initial case consultation is free.
Related reading from William Mattar
- What Percentage of New York Car Accident Cases Go to Trial
- What Happens in a Car Accident Lawsuit?
- How Long Does a Personal Injury Lawsuit Take?
- How Long Does a Car Accident Settlement Take in New York?
- How to Check a Law Firm's Results Before You Hire It in New York
Sources
- CPLR § 306-b: https://www.nysenate.gov/legislation/laws/CVP/306-B
- CPLR § 320: https://www.nysenate.gov/legislation/laws/CVP/320
- CPLR § 3101: https://www.nysenate.gov/legislation/laws/CVP/3101
- CPLR § 3107: https://www.nysenate.gov/legislation/laws/CVP/3107
- CPLR § 3121: https://www.nysenate.gov/legislation/laws/CVP/3121
- CPLR § 4102: https://www.nysenate.gov/legislation/laws/CVP/4102
- CPLR § 4104: https://www.nysenate.gov/legislation/laws/CVP/4104
- CPLR § 4113: https://www.nysenate.gov/legislation/laws/CVP/4113
- 22 NYCRR 202.12, Preliminary conference (NYS Unified Court System): https://publicredesign2025.nycourts.gov/rules/rule/section-20212-preliminary-conference
- 22 NYCRR 202.21, Note of issue and certificate of readiness (NYS Unified Court System): https://publicredesign2025.nycourts.gov/rules/rule/section-20221-note-issue-and-certificate-readiness
Attorney Advertising. This page provides general information about New York law and is not legal advice for any specific situation. Prior results do not guarantee a similar outcome. Last updated November 2026.