CIV-GP-131-i – Preliminary Conference Stipulation and Order For Discovery

Jurisdiction: Country: United States | Province or State: New York

What is a CIV-GP-131-i- Preliminary Conference Stipulation and Order For Discovery?

This form is the Civil Court of the City of New York’s standard discovery scheduling order. It is completed at the preliminary conference to set the scope, sequence, and deadlines for exchanging information after the parties fill it in—recording agreements and noting any disputes—the judge or court attorney reviews and “so-orders” it, converting the plan (or the court’s directives) into a binding order.

Both attorneys and self-represented litigants use this form in general civil matters within the court’s jurisdiction, including personal injury, property damage, and contract disputes. It provides structure, clarifies obligations, protects evidence, narrows disagreements, and keeps cases on track for settlement discussions, motion practice, or trial. By specifying dates, custodians, formats, and limits, the form reduces ambiguity that often causes delay.

You typically complete it at the preliminary conference with input from all sides. Agreements are memorialized; disagreements are noted for court resolution. After the signature, all obligations and dates are enforceable. Noncompliance can result in court-ordered remedies or sanctions.

When Would You Use a CIV-GP-131-i- Preliminary Conference Stipulation and Order For Discovery?

Use it after the action begins and the defendant appears. At the court-scheduled preliminary conference—held in person or virtually—the parties draft and finalize the discovery schedule under court supervision.

It is appropriate whenever document exchanges, sworn testimony, inspections, or physical/mental examinations are anticipated. Common examples include:

• Motor vehicle cases involving medical records, physical exams, and party/witness depositions.
• Contract disputes involving emails, invoices, bank records, and principal/employee depositions.
• Property damage cases require photos, estimates, expert reports, and insurance materials.
• Civil matters adjacent to landlord-tenant issues, such as repair records and code documents.

The form benefits plaintiffs, defendants (and insurers), businesses, and self-represented parties by setting clear expectations and timelines. You use it to:

• Identify discovery tools (document demands, authorizations, depositions, subpoenas, exams, expert disclosure).
• Establish precise service and response dates.
• Sequence discovery logically (e.g., documents before depositions).
• Preserve relevant ESI and paper records.
• Reduce follow-up court appearances by adopting a comprehensive schedule.
• Enable informed settlement by ensuring core evidence is obtained early.

If you cannot attend, the court may still set a schedule, and you will be bound by it. To modify later, show good cause and act before deadlines expire.

Legal Characteristics of the CIV-GP-131-i- Preliminary Conference Stipulation and Order For Discovery

After the court signature, the document operates as both a stipulation and a court order. It records agreements, resolves disputes, and imposes enforceable deadlines and limits.

Key legal features

• Binding deadlines: Exact dates govern service, production, depositions, examinations, and disclosures. Avoid vague triggers.
• Scope control: It limits and sequences discovery by subject, time period, custodians, and quantity (e.g., depositions).
• Enforcement and remedies: The court may compel compliance, extend time for the non-breaching party, shift costs, preclude evidence, or impose issue sanctions or striking of pleadings for serious violations.
• Proportionality and relevance: Discovery must be relevant and proportional. The form can set ESI custodians, date ranges, and search terms to reflect proportional limits.
• Privilege and confidentiality: Include protective measures and clawback terms for inadvertent production, and set expectations for handling sensitive data.
• Flexibility with good cause: Modifications require specific, timely justification. Routine delay or lack of diligence is insufficient.

The order does not admit facts or liability and does not address the merits. It is procedural, aimed at efficiency, fairness, and early issue identification to streamline settlement, motion practice, or trial.

How to Fill Out a CIV-GP-131-i- Preliminary Conference Stipulation and Order For Discovery

1) Identify the court and county.

• Confirm “Civil Court of the City of New York” appears.
• Select the correct borough (county) and verify any part/courthouse identifiers.

2) Complete the case caption.

• Use the exact case title from the pleadings.
• Enter Index Number, Part, and assigned judge or court attorney, if any.
• Confirm party names and corporate designations match the pleadings.

3) List appearances and contacts.

• For each attorney: full name, firm, address, phone, email, and party represented.
• For self-represented parties: mailing address, phone, email, and service preferences if allowed.
• Include a scheduling contact (paralegal/assistant) to streamline coordination.

4) Mark conference details.

• Record conference date, time, in-person/virtual, and link or courtroom/part.
• Note interpreter or accommodation needs for conferences and depositions.

5) Define the issues and discovery scope.

• Briefly state claims and defenses (e.g., negligence and damages disputed; breach and performance; liability conceded, damages only).
• Note any anticipated motions affecting discovery (dismissal, privilege, bifurcation).
• Set proportional limits: subject focus, date ranges, custodians, and locations.

6) Set document discovery deadlines.

• Calendar service dates for document demands and needed authorizations (e.g., HIPAA, employment).
• Calendar deadlines for objections and production; permit rolling production only with fixed start/end dates.
• Identify key categories (e.g., incident reports, medicals, photos/video, contracts, emails, invoices, financials, estimates, inspection reports, insurance).
• Indicate whether a protective order is needed and how confidential materials will be marked and handled.

7) Plan depositions.

• List deponents by name and role (party, witness, corporate representative, expert, custodian).
• Sequence depositions logically (documents before depositions; parties before nonparty experts).
• Set dates or windows, time limits, remote or in-person format, and logistics (location, platform, reporter, interpreter).

8) Address nonparty discovery.

• Identify record custodians and witnesses (providers, employers, contractors, landlords/building managers, insurers).
• Set subpoena service and compliance dates.
• Note whether certifications/affidavits of records will be sought or whether testimony is needed.

9) Include physical and medical examinations.

• Specify exam types and specialties.
• Set scheduling windows and completion deadlines.
• Establish notice and report exchange dates; clarify accompaniment or recording if requested.

10) Schedule expert disclosure.

• Calendar disclosure deadlines (subject matter, opinions, bases, materials reviewed).
• Set supplemental disclosure windows.
• Indicate whether expert depositions will occur and whether they follow fact discovery.

11) Handle electronically stored information (ESI).

• Identify sources: business/personal email, messaging apps, shared drives, devices, backups, and cloud.
• Implement preservation: litigation holds; suspend auto-delete for relevant custodians/timeframes.
• Define collection: custodians, date ranges, search terms; procedures for refining searches.
• Select production formats: searchable PDFs, native spreadsheets, images with metadata. List metadata fields to be produced.
• Address burden and cost-sharing if retrieval is disproportionate.

12) Add other discovery tools if allowed.

• Set dates for interrogatories and notices to admit; keep them targeted.
• Include deadlines for bills of particulars and supplements if requested.
• Schedule property or item inspections with access details.

13) Insurance and witness information.

• Set deadline for insurance policy disclosures (policies, limits, endorsements).
• Set a deadline for witness lists with contact methods (direct or through counsel).
• Indicate whether any affidavits/statements exist and will be exchanged.

14) Set compliance or status dates.

• Schedule a compliance/status conference if required.
• Require brief status exchanges a set number of days beforehand (what’s done, what’s outstanding, proposed fixes).

15) Trial readiness milestone.

• Target a Notice of Trial filing date that follows completion of fact and expert discovery.
• Calendar dispositive motion deadlines so they do not derail scheduled discovery.

16) Note ADR or settlement steps.

• Indicate mediation or settlement plans and dates.
• Set a timetable for exchanging a demand and response; specify information needed to evaluate settlement.

17) Include special provisions.

• Adopt proportional limits or phased discovery (liability first, damages second) where efficient.
• Include clawback terms and procedures for privilege challenges and return of inadvertently produced materials.
• Add stipulations regarding authenticity or business records to simplify proof.

18) Review for clarity and feasibility.

• Use calendar dates rather than “30 days after” triggers where possible.
• Confirm timelines match case complexity and resources.
• Ensure logical sequencing (production before depositions; exams after medicals; experts after sufficient fact discovery).

19) Signatures and consent.

• Each party or attorney signs, prints their name, and states the party represented.
• Date the stipulation; note any discrete objections for court resolution.
• Ensure signature blocks are complete for immediate court approval.

20) Court approval.

• Present the form for signature; explain any unusual limits or extended schedules.
• The court may make notations or rulings, then sign, making it enforceable.

21) Serve and keep copies.

• Obtain a conformed copy and provide it to all parties.
• Calendar every deadline with reminders; assign internal responsibility for each task.

22) Modify only by stipulation or order.

• If a deadline cannot be met despite diligence, seek an extension before it expires; explain the reason and propose new dates.
• If agreement is unavailable, promptly request court approval with specific facts and new proposed dates.

Legal Terms You Might Encounter

• Stipulation: A written agreement between parties. On this form, it is the parties’ discovery plan that becomes part of the court’s order once signed.
• So-ordered: The court’s signature adopting the stipulation as a binding order with enforceable obligations and deadlines.
• Discovery: The pretrial process of exchanging relevant information. The form identifies tools, scope, and timelines.
• Deposition: Sworn, recorded testimony taken before trial. The form lists deponents, order, time limits, dates, and logistics.
• Nonparty subpoena: A command for a nonparty to produce records or testify. The form sets targets and compliance dates to keep third-party evidence on schedule.
• Authorizations: Written permissions (e.g., HIPAA, employment, educational) allowing direct record requests. The form specifies which authorizations are needed and when.
• Protective order: A court order controlling disclosure of sensitive information and limiting burdensome discovery. The form flags the need and scope.
• Expert disclosure: A summary of an expert’s opinions, bases, and materials. The form sets disclosure and supplementation dates and notes whether expert depositions will occur.
• Preclusion: A sanction barring the use of evidence not disclosed as required. Meeting the order’s deadlines helps avoid preclusion.
• ESI (electronically stored information): Digital materials such as emails, texts, documents, databases, device data, and cloud content. The form addresses sources, preservation, scope, searches, and production formats.

FAQs

Do you have to attend the preliminary conference?

Yes. Attendance is required. If you do not appear, the court may set dates without your input, and you will be bound by them.

Do you need to bring documents to the conference?

Bring planning information: document categories, deponent names and roles, nonparty sources, ESI custodians/systems, draft search terms and date ranges, and your calendar. Unless the court directs, you need not bring the evidence itself.

Do you have to agree to everything the other side proposes?

No. State your position, propose alternatives, and note disputes on the form. The court will set limitations and deadlines if the parties cannot agree.

Can you change deadlines after the order is signed?

Yes, by agreement or court permission. Request relief before a deadline lapses and explain the concrete reason. Late requests are harder to obtain and risk sanctions or preclusion.

Do you need to list every witness and document at this stage?

List what you know and set dates for supplementation. The order should include updated deadlines to maintain fairness and avoid last-minute surprises.

What happens if the other side ignores the order?

Document the issue, confer in good faith, and if unresolved, alert the court promptly. Remedies can include orders compelling compliance, schedule adjustments, costs, or sanctions.

Can depositions or productions be done remotely?

Yes. If the parties agree or the court directs, specify platforms, exhibit procedures, identity verification, and recording rules on the form.

Do you need to request accommodations or an interpreter now?

Yes, if anticipated. Early notice helps schedule interpreters and arrange accessibility for conferences, depositions, and examinations.

Checklist: Before, During, and After the CIV-GP-131-i Preliminary Conference Stipulation and Order For Discovery

Before signing: Information/documents needed

• Current contact information for all parties and a scheduling contact.
• A concise statement of issues and defenses to frame scope and sequence.
• Document categories to request/produce and rough volume estimates.
• ESI sources, custodians, systems, preferred production formats, and draft search terms/date ranges.
• Deponent names, roles, availability, and proposed sequencing.
• Nonparty sources (providers, employers, vendors) and whether certifications are needed.
• Anticipated physical/medical exams, specialties, and candidate providers.
• Expert areas anticipated and realistic disclosure/deposition timelines.
• Confidentiality needs (trade secrets, medical, financial) and draft protective/clawback terms.
• Concrete calendar dates and internal accountability assignments.
• Settlement posture, information needed for evaluation, and ADR preferences.

During signing: Sections to verify

• Caption accuracy (case title, index number, part, assigned judge/court attorney).
• Appearance information and service preferences if permitted.
• Fixed calendar dates for service, responses, production, depositions, exams, and disclosures.
• Required authorizations and deadlines for service/response.
• Deposition list, sequencing, limits, location/platform, and interpreter/remote details.
• ESI preservation steps, custodians, search terms, date ranges, formats, and metadata fields.
• Nonparty subpoena targets, service and compliance dates, and certifications/custodian affidavits.
• Expert milestones and whether expert depositions are permitted and sequenced after fact discovery.
• Protective order provisions, confidentiality designations, and clawback procedures.
• Interpreter/accommodation notes and service method for discovery papers.
• Compliance conference date (if any) and pre-conference reporting requirements.
• Complete signature lines and order presentation readiness.

After signing: Filing, notifying, storing

• Distribute a conformed copy to all parties.
• Calendar all deadlines with reminders and assign team accountability.
• Serve demands, authorizations, and subpoenas on schedule; track proof of service.
• Implement ESI holds, suspensions of auto-deletion, and document custodian confirmations.
• Schedule depositions/exams early to secure dates, facilities, interpreters, and remote logistics.
• Monitor compliance; confer promptly; seek court guidance before cascading delays.
• Prepare concise status summaries for any compliance conference.
• Maintain an organized repository of the order, correspondence, productions, subpoenas, transcripts, certifications, and backups.

Common Mistakes to Avoid CIV-GP-131-i Preliminary Conference Stipulation and Order For Discovery

• Vague or unrealistic deadlines: Avoid “ASAP” or indefinite rolling productions. Consequences include missed obligations, court-imposed dates, sanctions, or preclusion.
• Overbroad ESI demands: “All emails” requests invite burden and objections, driving cost and delay.
• Ignoring nonparty discovery: Late subpoenas risk compressed schedules and preclusion at trial.
• Skipping confidentiality/privilege terms: Increases risk of inadvertent disclosures and waiver disputes.
• Poor calendar coordination: Conflicting dates lead to rushed work, missed events, and diminished credibility.
• Lack of sequencing: Depositions before key document production cause inefficiency and repetition.
• Incomplete ESI preservation: No holds or auto-delete suspensions can lead to spoliation claims and sanctions.
• Inattention to witness availability: Unconfirmed schedules trigger cancellations and cascading delays.
• Late interpreter/accommodation requests: Complicate logistics and cause avoidable adjournments.
• No expert timelines: Delays undermine preparation or result in exclusion of expert testimony.

What to Do After Filling Out the Form CIV-GP-131-i Preliminary Conference Stipulation and Order For Discovery

1. Present the stipulation to the court for signature; be ready to explain unusual provisions.
2. Circulate a conformed copy and confirm mutual understanding of obligations and dates.
3. Launch discovery immediately: serve demands/authorizations, issue subpoenas, and schedule depositions/exams.
4. Implement ESI preservation and collection; send or update litigation holds and document compliance.
5. Track performance; confer promptly over obstacles; seek court input before deadlines lapse.
6. Prepare concise compliance reports for any status conference (completed tasks, outstanding items, reasons, and requested relief).
7. Keep a running compliance log and centralized repository for productions, transcripts, certifications, and correspondence.
8. If modification is necessary, obtain a written stipulation with new dates or seek an amended order with specific reasons and adjusted timelines that preserve momentum.