I am pro se plaintiff in a civil case relative to personal injury

Asked over 1 year ago - Troy, NY

Can a Judge force a plaintiff to submit a note of issue and certificate of readiness when the plaintiff has not received verified responses from defendant and the Judge insist by letter/order that the defendant is in compliance with CPLR 3123? In sharp contrast, the only documents submitted to the plaintiff and the court were signed by the defendant’s attorney in violation of CPLR 3123 which requires a sworn statement from the party and not from the attorney. By plaintiff signing the certificate of readiness, plaintiff will be committing perjury in representing that the case is trial ready and that all discovery devices have been completed and therefore is reluctant to sign off.

What CPLR is available to the Judge to force plaintiff to sign off, under oath the certificate of readiness?

Attorney answers (7)

  1. Joseph Jonathan Brophy

    Contributor Level 20

    8

    Lawyers agree

    Answered . You are in over your head. You need a lawyer.

    Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to... more
  2. Jayson Lutzky

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Get an attorney. It is difficult being pro se and not knowing the law or the procedure. You have posted numerous questions and obviously need professional assistance.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more
  3. Eric Edward Rothstein

    Contributor Level 20

    4

    Lawyers agree

    Answered . Did you make a motion to compel the discovery undet cplr 3124? Did the judge say you received all the discovery you are entitled to? If yes all you can do is seek permission from the appellate court to appeal but you need an ordet that resulted from a motion. The judge can issue a certification ordet whether you sign or not. If this is a case a lawyer would take that is what you need.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  4. Effimia Soter

    Contributor Level 12

    4

    Lawyers agree

    Answered . It appears that you are way over your head here. If you are looking for compliance with CPLR 3123, you served a notice to admit. If the person did not respond to your notice to admit within 20 days, everything is deemed admitted. if you served other demands that were not responded to, serve a motion pursuant to CPLR 3126 and 3124 to strike his Answer.

    As for the Court forcing you to file the Note of Issue, depending on the Court, if you do not file the Note of Issue on time the court will mark your matter as disposed. My advice is make the motion to strike the answer and request that your time to file the Note of Issue be extended.

    Consult with a local attorney as well!

    This response will not create an attorney-client relationship.
  5. Alan James Brinkmeier

    Contributor Level 20

    5

    Lawyers agree

    Answered . Judge controls calendar. End of story.

  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Don't play lawyer, retain one.

  7. Marco Caviglia

    Contributor Level 20

    2

    Lawyers agree

    Answered . Simply because one can read procedures and get forms does not mean they can represent themselves in complex litigation even though every one has a right to do so. You are betting that you can "save" the attorney's fee if you win, and may lose your case entirely instead. Get some legal representation.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for... more

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