Here are some surprising or lesserknown facts about the Note of Issue in New York divorce proceedings:
- What It Actually Is
The Note of Issue is not just a document; it's a formal request to the court to place the case on the trial calendar, signaling that the parties are ready for trial.
- It’s Required Even in PreTrial Resolutions
In some cases, a Note of Issue must still be filed even if parties are actively working toward settlement to maintain procedural compliance.
- Certification of Readiness Is Crucial
The Note of Issue New York Divorce must include a Certificate of Readiness, affirming that all discovery is complete, and the case is trialready, even if disputes still exist.
- Missing Deadlines Can Be Fatal
Failing to file the Note of Issue within the court's deadline (often six months after a case is deemed ready for trial) can result in dismissal of the case.
- The Court Can Reject It
If discovery is incomplete or if disputes over key issues remain unresolved, the court can reject the Note of Issue, requiring additional filings.
- It Triggers Automatic Case Deadlines
Filing the Note of Issue starts a clock for mandatory pretrial procedures, including final conferences and submissions of pretrial memoranda.
- Partial Discovery Doesn’t Suffice
Both parties must certify that all discovery (e.g., financial disclosures, depositions) has been completed before the Note of Issue is accepted.
- Can Be Used Tactically
Some attorneys strategically delay filing the Note of Issue to prolong negotiations, or file it early to pressure the other side into settlement.
- You Can Object
The opposing party can file a Motion to Strike the Note of Issue if they believe the case is not actually trialready, citing incomplete discovery or unresolved procedural issues.
- Not Filing Could Harm Your Case
If neither party files a Note of Issue within the court’s timeline, the case could be marked "inactive", leading to potential dismissal or delays.
- It’s Publicly Filed
Once submitted, the Note of Issue becomes part of the public court record, which might expose personal details about the divorce case.
- Filing Fees Apply
Filing a Note of Issue requires a fee (currently $125 in most New York counties), adding to the financial burden of contested divorces.
- It’s Not the Final Step
Filing the Note of Issue doesn’t automatically mean the trial begins. Additional steps like pretrial conferences and motions occur first.
- It’s Often Misunderstood
Many parties mistakenly believe the Note of Issue finalizes the case or guarantees a trial date, when in reality, it simply places the case in the trial queue.
- Can Be Filed Jointly or Unilaterally
Either party can file the Note of Issue, even without the consent of the other, as long as they meet procedural requirements.
- It Impacts Settlement Dynamics
Filing can create urgency for settlement, as trial preparation is costly and timeintensive, incentivizing parties to resolve issues out of court.
- Judges May Strike It on Their Own
If a judge determines the case isn’t ready for trial, they can strike the Note of Issue without a motion from either party, requiring additional preparation.
- Late Filing Requires Permission
Filing after the court’s deadline requires a formal request for an extension, and courts don’t always grant these requests.
- It Can Be Amended
If new evidence or unresolved issues arise after filing, the Note of Issue can be amended with court approval, although this may delay proceedings.
- Affects Trial Timing
Filing a Note of Issue doesn’t guarantee a swift trial; cases are scheduled based on court availability, which can mean monthslong delays.
- Unresolved Custody or Support Issues
Even if all other issues are resolved, disputes over custody, child support, or spousal support can delay acceptance of the Note of Issue.
- Appeals Don’t Stop the Process
Filing a Plenary Action New York Divorce doesn’t halt related appeals or motions, meaning parallel legal proceedings can complicate the timeline.
- It’s Often a “WakeUp Call”
For many parties, the filing signals the seriousness of the divorce process, prompting lastminute efforts to avoid a contentious trial.
- Timing Can Influence Court Perception
Filing too early, when discovery or negotiations are incomplete, may irritate judges and affect how they view the filing party’s credibility.
- PostTrial Motions Can Follow
After trial, even if a Note of Issue was filed correctly, posttrial motions to modify decisions can prolong final resolution.
