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Yes I get and send them all the time usually at least 30 days before a trial date.
Check with your jurisdictional rules and judge part rules. It not only varies within each state, but each district and judge (at least in NY, anyway).
If it’s state, fuck it why not. They may allow it. Any basis to strike the NOI?
If you intend to use an expert’s affidavit in connection with a summary judgment motion, best practice is to disclose before NOI is filed.
For trial, the courts give more leeway on expert disclosure. If you are disclosing an expert shortly before trial, you must be prepared to argue why it’s not prejudicial to the opponent and that the late disclosure was not willful.
There’s an abundance of case law on 3101(d) timing.
And I’m over here just wondering what a note of issue is.