A note of issue is used to have the court's clerk enter a case upon the court calendar for trial as of the date of the filing of the note of issue. In at least one jurisdiction, the court must first verify that discovery is complete before a note of issue may be filed.
The following is an example of a state statute dealing with notes of issue:
"Note of Issue and Certificate of Readiness
(a) General. No action shall be deemed ready for trial unless there is first filed a note of issue accompanied by a certificate of readiness, with proof of service on all parties entitled to notice, in the form prescribed by this section. Filing of a note of issue and certificate of readiness shall not be required for prisoner pro se claims, for an application for court approval of the settlement of the claim of an infant, incompetent or conservatee, or for an application for court approval of a settlement pursuant to section 20-a of the Court of Claims Act. The note of issue shall include the claim number, the name of the judge to whom the action is assigned, and the name, office address and telephone number of each attorney or individual who has appeared. Within ten days after service, the original note of issue and certificate of readiness, with proof of service, shall be filed with the clerk."
