Section 3407. Preliminary conference in personal injury actions involving certain terminally ill parties  


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  • (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.