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Rule 40-1 Rule 40. Request for Trial (a) Request. At any time after issue is joined in an action, unless the court otherwise orders, any party who desires to try an action must: (1) confer with the opposing party or parties to attempt to reach agreement as to the time and place of trial, and (2) serve on the opposing party or parties, and file with the court, a request for trial which must be substantially in the form shown in Form 6 in the Appendix of Forms. The request must be served and filed at least 30 days prior to the requested date of trial, or for good cause, at a reasonable time prior to the requested date of trial. A party who opposes the request must serve and file its opposition within 14 days after service of the request, unless a shorter period is ordered by the court. In all instances where a trial is requested to be held at a location other than or in addition to the courthouse at One Federal Plaza, New York, New York, all other parties must serve and file a response within 14 days after the service of the request, unless a shorter period is ordered by the court. (b) Designation. The court will designate the date and place for trial, as provided in Rule 77(c)(1) or (2), and must give reasonable notice thereof to the parties. (c) Premarking Exhibits. All exhibits and documents which are intended to be introduced in evidence must be marked for identification and exhibited to opposing attorneys prior to trial or court proceeding. PRACTICE COMMENT: To implement the authority conferred on the chief judge by 28 U.S.C.§§ 253(b) and 256(a), and for the convenience of parties, there is set out in the instructions for Form 6, in the Appendix of Forms, the procedures to be followed in connection with trials or oral arguments of dispositive motions at places other than New York City. Rule 40-2 PRACTICE COMMENT: A schedule, agreed to by the parties, suitable for attachment to a decision of the court, should be filed at the time an action is submitted to the court for final determination on a dispositive motion or on the conclusion of a trial. The schedule should indicate (1) when one action is involved, the ports of entry, protest and entry numbers, (2) when consolidated actions are involved, the ports of entry, court numbers, protest and entry numbers, and (3) when joined actions are involved, the ports of entry, court numbers, plaintiffs, protest and entry numbers. Cases should be arranged according to port of entry, in numerical order. PRACTICE COMMENT: A party may seek expedited consideration under Rule 3(g). For possible applicability of other scheduling rules, see Practice Comment to Rule 3(g). (As amended Oct. 3, 1990, eff. Jan. 1, 1991; Aug. 29, 2000, eff. Jan. 1, 2001; Sept. 30, 2003, eff. Jan. 1, 2004; Nov. 25, 2009; eff. Jan. 1, 2010; Dec. 7, 2010, eff. Jan. 1, 2011.)