What is a preliminary conference?
What is a preliminary conference? It is the first formal court appearance in a New York personal injury lawsuit. Understanding the preliminary conference procedure is one of the most important steps in preparing for your personal injury litigation.
At this stage, your attorney and the defense lawyer meet with a judge to set a timeline for the case. This timeline covers deadlines for Discovery, the Examination Before Trial (EBT), and the defense medical exam.
After the judge signs the Preliminary Conference Order, both sides must follow it by law.
Knowing what happens at a Preliminary Conference and why it matters can help you feel more prepared and confident as your case moves forward.
NYC Personal Injury Lawsuit — Litigation Timeline
Where does the Preliminary Conference fall in your case?
What Happens at a Preliminary Conference?
The Preliminary Conference date is set within 45 days after your attorney files the Request for Judicial Intervention (RJI), which is the document that officially assigns a judge to your case.
During the conference, the respective attorneys for both sides meet with the judge to agree on a schedule for the case. They set deadlines for exchanging documents and evidence (Discovery), plan the Examination Before Trial (EBT), arrange the defense medical exam, and choose a date for the Note of Issue.
After both sides agree, the judge signs a Preliminary Conference Order. Once the timeline receives the court’s approval and the judge signs the Preliminary Conference Order, it becomes legally binding, and the defense cannot miss deadlines or delay your case without facing consequences.
What Is an Examination Before Trial (EBT)?
It is an informal process that does not happen in a courtroom, and there is no judge or jury present. Instead, defense attorneys will ask you questions under oath about your injuries and the details of your case.
At the EBT, you will be asked about three main topics: your personal background, what happened during the incident, and the extent of your damages.
This includes questions about your medical treatment, any lost wages, and how your injuries have changed your daily life.
Your attorney will prepare you thoroughly before the EBT. At Greenstein & Pittari, LLP, we meet with every client the day before to review the facts of the case and walk through the types of questions you should expect.
What Is the Defense Medical Exam?
The defense medical exam, which is usually agreed on at the Preliminary Conference, lets the defendant have their own doctor look at their injuries. The defense uses this exam to review or question the extent of the damages you are claiming.
An experienced attorney can help make sure this process is fair and that the results are not used against you unfairly.
What Comes After the Preliminary Conference?
Once the Preliminary Conference Order is signed, your case follows a structured path:
- Paper Discovery: Both sides exchange medical records, accident reports, and other relevant documents by the court-ordered deadlines.
- Examinations Before Trial (EBTs): Depositions take place on the scheduled dates.
- Defense Medical Exam: Completed within the agreed timeframe.
- Note of Issue: Your attorney files this document to notify the court that discovery is complete and the case is ready for trial.
- Settlement or Trial: Most personal injury cases in New York settle before reaching trial. If no agreement is reached, the case proceeds before a judge or jury.
The Bottom Line
A Preliminary Conference is not just a procedural formality; it is the moment that sets the pace and direction of your entire case.
The deadlines agreed upon here determine how quickly you move toward a resolution, and whether the defense has room to delay or pressure you into a settlement that doesn’t reflect what your case is truly worth.
At Greenstein & Pittari, LLP, we have guided hundreds of injury victims through every stage of litigation, from the Preliminary Conference to the final resolution.
Get in touch with us today at 1-800-VICTIM2 (842-8462) or fill out the online contact form for a consultation.
Our motto is simple: Don’t Be a Victim Twice.
Frequently Asked Questions About the Preliminary Conference
1. What is the purpose of a Preliminary Conference in NYC?
The Preliminary Conference establishes a court-approved timeline for both parties to exchange information through Discovery. The Judge signs an Order with the agreed deadlines, which both sides are legally required to follow, preventing the defense from delaying your case.
2. When does a Preliminary Conference take place?
In New York, a Preliminary Conference must be scheduled within 45 days of the filing of the Request for Judicial Intervention (RJI). It is typically the first formal court appearance in a personal injury case.
3. What is scheduled at a Preliminary Conference?
The PC sets deadlines for paper discovery, the Examination Before Trial (EBT), the defense medical exam, and a future status conference. It also establishes the date for filing the Note of Issue, the document that tells the court your case is ready for trial.
4. What happens if a deadline from the Preliminary Conference Order is missed?
Missing court-ordered deadlines carries serious consequences. Under CPLR § 3126, a judge can impose sanctions including preclusion of evidence, striking of pleadings, or dismissal of your case. Compliance with the PC Order is not optional for either party.
5. Do I need a lawyer at my Preliminary Conference?
Yes. Your attorney negotiates the discovery timeline on your behalf and ensures the deadlines set protect your interests. Without experienced legal representation, you risk agreeing to terms that benefit the defense or missing critical procedural requirements that could harm your case.