Rule 3406. Mandatory filing and pre-calendar conference in dental,
podiatric and medical malpractice actions. (a) Mandatory filing. Not
more than sixty days after issue is joined, the plaintiff in an action
to recover damages for dental, medical or podiatric malpractice shall
file with the clerk of the court in which the action is commenced a
notice of dental, medical or podiatric malpractice action, on a form to
be specified by the chief administrator of the courts. Together with
such notice, the plaintiff shall file: (i) proof of service of such
notice upon all other parties to the action; (ii) proof that, if
demanded, authorizations to obtain medical, dental, podiatric and
hospital records have been served upon the defendants in the action; and
(iii) such other papers as may be required to be filed by rule of the
chief administrator of the courts. The time for filing a notice of
dental, medical or podiatric malpractice action may be extended by the
court only upon a motion made pursuant to section two thousand four of
this chapter.

(b) Pre-calendar conference. The chief administrator of the courts, in
accordance with such standards and administrative policies as may be
promulgated pursuant to section twenty-eight of article six of the
constitution, shall adopt special calendar control rules for actions to
recover damages for dental, podiatric or medical malpractice. Such rules
shall require a pre-calendar conference in such an action, the purpose
of which shall include, but not be limited to, encouraging settlement,
simplifying or limiting issues and establishing a timetable for
disclosure, establishing a timetable for offers and depositions pursuant
to subparagraph (ii) of paragraph one of subdivision (d) of section
thirty-one hundred one of this chapter, future conferences, and trial.
The timetable for disclosure shall provide for the completion of
disclosure not later than twelve months after the notice of dental,
podiatric or medical malpractice is filed and shall require that all
parties be ready for the trial of the case not later than eighteen
months after such notice is filed. The initial pre-calendar conference
shall be held after issue is joined in a case but before a note of issue
is filed. To the extent feasible, the justice convening the pre-calendar
conference shall hear and decide all subsequent pre-trial motions in the
case and shall be assigned the trial of the case. The chief
administrator of the courts also shall provide for the imposition of
costs or other sanctions, including imposition of reasonable attorney's
fees, dismissal of an action, claim, cross-claim, counterclaim or
defense, or rendering a judgment by default for failure of a party or a
party's attorney to comply with these special calendar control rules or
any order of a court made thereunder. The chief administrator of the
courts, in the exercise of discretion, may provide for exemption from
the requirement of a pre-calendar conference in any judicial district or
a county where there exists no demonstrated need for such conferences.