Form 26 - Note Of Issue printable pdf download

Note of Issue (Form 26)

CPLR 3402(a) requires an original and two copies must be filed within 10 days of

service upon the other side. There is also a fee to file the note of issue.

Calendar No. put the Calendar No. assigned by the Court, if there is one.

Index No. - put the Index No. assigned by the County Clerk.

Court - put the name of the court where you filed your court action/proceeding.

County - put the name of the county where you filed your court action.

Name of Justice Assigned - put the name of your Judge

Plaintiff/Petitioner- Put your name and the names of any other individuals,

business and/or company bringing the action.

Defendant/Respondent- Put the name of the person(s), business and/or

company you are bringing your action against (who you are suing).

Notice for Trial- Trial by Jury Demanded- if you want a jury to decide your case,

it can be all the issues or some specific issues. If it is a specific issue you are

requesting a jury on specify below or attach a separate sheet of paper.

Trial without jury- if you want a judge to decide your case

Filed by- put your status either plaintiff/petitioner or defendant/respondent

Date Summons Served-put the date that the Summons was served on the

defendant/respondent

Date Service Completed-Service is not complete until 10 days after the filing of

the proof of service, usually the affidavit of service with the Clerk.

Date issue joined-Put the date the Defendant filed an answer or response to

your action/proceeding. If there is more than one Defendant, put the date for the

first answer/response filed.

Nature of Action or Proceeding- Choose the box that best describes your

case. If you think your case could be under more than one category, then

choose the category you think best fits your lawsuit, as you can only mark one,

Amount Demanded- Put the amount you are demanding from the other party

that is at issue

Other Relief- Put the other relief you are seeking

Special Preference- Civil cases are tried in the order in which notes of issue

have been filed but actions entitled to a special preference include those listed in

CPLR 3403(a).

Attorney for Plaintiff/Plaintiff Pro Se- Put the attorney or plaintiff contact

information here.

Attorney for Defendant/Defendant Pro Se- Put the attorney or defendant

contact information here.

Certificate of readiness- states the items that are necessary for trial have been

completed, waived by a party or not required. Items 1-7 must be checked.

Affidavit of Service- Use the left side of the form if you have served the papers

personally upon the other side or left them physically at an attorneys office. Use

the right side if you have mailed the note of issue to the other side or the

attorney. Both must be sworn to (signed) before a notary public.

Admission of Service- If the other side or attorney admits (accepts) service

then you can have them sign the admission below on your original

Form 26 - Note Of Issue

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