Key Takeaway
Court strikes Notice of Trial due to false certificate of readiness and denies protective order motion filed after discovery certification was complete.
Understanding Trial Calendar Strikes and Discovery Compliance
New York’s civil procedure rules establish strict requirements for trial readiness certification. When attorneys file a certificate of readiness, they’re essentially telling the court that all discovery is complete and the case is ready for trial. However, what happens when that certification proves to be false?
The Appellate Term’s decision in Tahir Med., P.C. v Central Mut. Fire Ins. Co. illustrates the serious consequences of filing an inaccurate certificate of readiness. This case demonstrates how courts handle situations where parties attempt to seek additional discovery protection after already certifying their case as trial-ready. The ruling reinforces the importance of completing all necessary discovery before filing for trial, as late motions to strike can complicate case management.
Jason Tenenbaum’s Analysis:
Tahir Med., P.C. v Central Mut. Fire Ins. Co., 2014 NY Slip Op 50092(U)(App. Term 1st Dept. 2014)
“Defendant’s timely motion to strike the action from the trial calendar should have been granted, since plaintiff’s August 15, 2011 certificate of readiness falsely stated that there were no outstanding discovery requests”
…
“Plaintiff’s post-notice of trial cross motion for a protective order should have been denied. Plaintiff was barred from seeking such relief, where it previously filed a certificate of readiness, and failed to show that an unusual or unanticipated condition subsequently developed (see 22 NYCRR 208.17; Capri Beachwear, Inc. v AAA Stretch, Inc., 49 AD2d 831 ). Inasmuch as the case has been restored to a pre-notice of trial posture as a result of our disposition, plaintiff may, if so advised, renew its motion for a protective order in Civil Court.”
There is a trend here that the discovery obligations of the CPLR will be constu
Key Takeaway
Courts strictly enforce discovery certification requirements. Once you file a certificate of readiness stating all discovery is complete, you cannot later seek protective orders unless unusual circumstances develop. False certifications result in trial calendar strikes and potential sanctions. This case underscores why thorough disclosure completion is essential before summary judgment motions or trial preparation.
