Court Proceedings
There are many court proceedings that are subject to procedural rules tailored to the specific court, such as bankruptcy, criminal, family, and surrogate's courts. Cases in these courts are initiated and proceed in specific ways. For example, a debtor files his/her bankruptcy petition with the bankruptcy court clerk, and the court clerk issues notices of filing to the creditors. In a Chapter 7, a creditor may not have the option of filing anything in response; in a Chapter 13, a creditor may be limited to filing a Proof of Claim. Criminal cases are handled by prosecutors (also titled as U.S. Attorney General, N.Y.S. Attorney General, District Attorney ("DA"), Assistant District Attorney ("ADA"), and independent counsel.)
For lawsuits in a civil (non-criminal) trial court, where one party is adverse to another party, there are Federal Rules of Civil Procedure or New York State Civil Practice Law & Rules ("CPLR") that determine whether a lawsuit can be filed, where it is to be filed, how defendants come under the jurisdiction of the court, and the odds of it being dismissed on procedural (sometimes called "technical") grounds. No matter the substantive merits of a claim, there are procedural issues: (1) What is the statute of limitations for the claim? Has that time passed? How much time is left? (2) Where do the defendants reside? Where did the cause of action (incident/problem) arise? (3) What court has subject matter jurisdiction? Federal or state? Which NYS trial court? (4) What venue(s) is there to choose from? (5) What has to be stated in the Summons, Summons with Notice, Complaint or Petition? (6) Where is the clerk's office to file the Summons, Summons with Notice, Complaint or Petition? How much is the filing fee? Can the filing fee and other court costs be waived? How many copies are needed, in addition to the original? (7) How is the defendant(s) to be served so that the court obtains personal jurisdiction over him/her? Does that involve a cost? Who will file the Affidavit/Proof of Service with the clerk's office. (8) How much time does the defendant have to file and serve and Answer? (9) If the defendant makes a counterclaim, how much time is there to file and serve a Reply to the counterclaims? See below for information that addresses these issues.
Court actions usually involve much emotion. If you are, or will be, involved in such a lawsuit, remember that you are going into a court of law. The court is tasked with being impartial and fair, and with rendering a decision that is just - that is, according to law or equity as applied to the facts of the case. Be prepared by knowing the law and the facts of your case. You may not agree with the court's decision, but unless there is a significant error of fact or law in the decision, justice is satisfied by having one's day in court.
It is easy for litigants to get caught up in the use of the word "justice" as if it belongs to only one side of a case, that their side is the righteous cause, regardless of all the facts and the law. "Justice" becomes subjective instead of objective. Try not to get caught up in that feeling. Step back and try to look at your case objectively. If you had a lawyer, that lawyer would be looking at your case objectively, acknowledging the strengths in the other side's position. The lawyer would be analyzing "the merits" of your case.
Note that there are different burdens of proof. For most civil cases, a trier of fact (be it a judge or jury) makes a finding based on "the preponderance of the evidence." Some civil cases require "clear and convincing evidence." Criminal cases require findings "beyond a reasonable doubt." For example, if a trier of fact finds that someone caused a car accident, it is based on the trier of fact finding some evidence more convincing, truthful or accurate (i.e., the weight of the evidence), and not because the evidence is so persuasive, that a reasonable person cannot question it. Your testimony may be credible, but a trier of fact may find the other side just as credible but more accurate.
On appeal, there are different standards of review. Know what applies to your appeal.
Introduction to the New York State Courts New York State Court System (NYS Unified Court System) Judicial Selection Methods in the State of New York: A Guide to Understanding and Getting Involved in the Selection Process (New York City Bar Association) Report from the Special Advisor on Equal Justice in the New York State Courts New York State Office of Indigent Legal Services New York State Court Help Centers & Community Organizations (NYS Unified Court System) New York State Court Law Libraries, which are open to the public (NYS Unified Court System) New York State Court Filing Fees (NYS Unified Court System) New York State Court Free Services (NYS Unified Court System) What Court Clerks Can and Can't Do (NYS Unified Court System) Getting New York State Court Records (NYS Unified Court System) Supreme Court Flowchart (NYS Unified Court System - Queens) How to Commence a Civil Lawsuit Starting a Case in New York City Court (NYS Unified Court System) Glossary of Legal Terms (NYS Unified Court System) Guide to Evidence in New York State Courts (NYS Unified Court System) Overview of the Community Court Access (CCA) Program (NYS Unified Court System)
Uniform Rules for the Civil Courts Self-Repesented Person are automatically exempt from any obligation to electronically file and only participate in electronic filing when they choose to do so. Electronic Filing FAQs (NYS Unified Court System) Unrepresented Litigants Fact Sheet - Electronic Filing (NYS Unified Court System) The Rules specify what matters can come before each court (subject matter jurisdiction) and how a plaintiff gives the court power over the party being sued (personal jurisdiction). 22 NYCRR Part 202: Uniform Civil Rules for the Supreme Court And The County Court (NYS Unified Court System) 22 NYCRR Part 205: Uniform Rules For The Family Court (NYS Unified Court System) 22 NYCRR Part 206: Uniform Rules For The Court Of Claims (NYS Unified Court System) 22 NYCRR Part 207: Uniform Civil Rules for the Surrogate's Court (NYS Unified Court System) 22 NYCRR Part 208: Uniform Civil Rules For The New York City Civil Court (NYS Unified Court System) 22 NYCRR Part 210: Uniform Civil Rules For The City Courts Outside The City Of New York (NYS Unified Court System) 22 NYCRR Part 212: Uniform Civil Rules for the District Courts (NYS Unified Court System) 22 NYCRR Part 214: Uniform Civil Rules For The Justice Courts (NYS Unified Court System) Civil Practice Law & Rules ("CPLR") Part 130 Signing Requirement (NYS Unified Court System) Attorney Certification - Part 130Official forms and instructions from the New York State Unified Court System: Forms (NYS Unified Court Sytem) Unrepresented Forms (NYS Unified Court System, 6th Judicial District)
Absence of Person - See Temporary Administration
Accounting (State Court - Surrogate's) Accounting Forms for Executors, Administrators and Trustees (NYS Unified Court System) Petition for Compulsory Accounting and Related Relief (NYS Unified Court System)
Adoption (State Court - Family Court) Free counsel is available to parties in Family Court who are financially qualified. Right to Counsel in Family-Related Court Proceedings (NYS Office of Indigent Legal Services) An Attorney for the Child (f/k/a Law Guardian) may be assigned to the child(ren) in such cases as well. Eligibility Criteria and Documents (NYS Office of Indigent Legal Services) Eligibility Standards (NYS Office of Indigent Legal Services) Nationwide chart of state laws on whether parental rights of only one parent can be terminated (National Council of Juvenile and Family Court Judges (NCJFCJ), 2013). Adoption Basics (NYS Unified Court System) Adoption Types: Agency and Private (NYS Unified Court System) Surrogate's Court Checklists All adoption forms available from NYS Unified Court System, some of which are listed below. Notice of Proposed Adoption Petition for Adoption (Agency) Petition for Adoption (Private Placement) Affirmation Regarding Venue Agreement of Adoption (Private Placement). This is completed by the person wishing to adopt the child. One of the following four forms is used by the person voluntarily giving up the child. "Extrajudicial" means "out of court", "not in court": Judicial Consent of Birth or Legal Parent (Private Placement). Judicial Consent of Birth or Legal Parent to Adoption by Step-Parent (Private Placement). Extrajudicial Consent of Birth or Legal Parent (Private Placement) Extrajudicial Consent of Birth or Legal Parent to Adoption by Step-Parent (Private Placement) Consent of Child Over 14 (Private Placement) Child's Medical History (Agency or Private Placement) Order of Publication. Needed when the birth or legal parent cannot be found, and is therefore being served with notice of the adoption proceeding by its publication in the newspaper. Order for Child Protective Inquiry Report of Investigation (Private Placement) Order of Adoption (Private Placement) Attorney's Affidavit Report of Adoption (to be completed and certified by the court) Adoption Information Registry Birth Parent Registration Form
Amicus Curiae (State) "Friend of the Court." A person or entity, not a party to the litigation, who may or may not have been solicited by a party and who assists a court by offering information, expertise, or insight that has a bearing on the issues in the case which is typically presented in the form of a brief. Sample Motion Amici Curiae
Animals (State Court) Bites & Other Harms from Animals Cruelty to Animals Dangerous Dogs
Annulment of Marriage (State Court) Annulment is a court proceeding to declare a marriage invalid or void from inception. Unlike a divorce which can be granted upon written or sworn testimony without a trial, an annulment requires at least one of the grounds to be proven in court. The law pertaining to annulments is found in NYS Domestic Relations Law Article 9. An annulment does not affect the legitimacy of children born in the marriage, DRL §24. Bigamy is also a crime under Penal Law §255.15.
Answer (State Court) Notice of Appearance and Demand for service of the Complaint (NYS Unified Court System) - Applicable when just a Summons with Notice was served, and the Defendant wishes to be served with the Complaint How to Respond to a Complaint (NYS Unified Court System) Verified Answer (NYS Unified Court System) Third Party Answer (NYS Unified Court System)
Appeals (City Court) Notice of Appeal from City Court (NYS Unified Court System)
Appeals (State Court) Appeals from NYS Supreme and County Courts are to the applicable Appellate Division. An appeal from the Appellate Division, when permitted, goes to the NYS Court of Appeals, which is New York State's highest court. Appeals Resources (NYS Unified Court System) New York State Court of Appeals The New York State Court of Appeals Civil Jurisdiction and Practice Outline The role of the NYS Court of Appeals is to address errors in law, not errors in fact. NYS Law Reporting Bureau (NYS Unified Court System) Notes on CPLR 5513 Notice of Appeal from Family Court (NYS Unified Court System) Notice of Appeal from Family Court Judgment Roll Brief on Appeal from Family Court Stays in Civil Appeals by Hon. Frances E. Cafarell (2020) Twenty Tips from a Battered and Bruised Oral-Advocate Veteran by Sylvia Walbolt (Carlton Fields)
Attorney Malpractice (State Court) See Estate of Saul Schneider v. Victor M. Finmann, 15 NY3d 306, 933 NE2d 718, 907 NYS2d 119 (2010) in regards to estate planning.
Bail (State Court) Bail is the system that governs the status of individuals charged with committing crimes, from the time of their arrest to the time of their trial, and pending appeal, with the major purpose of ensuring their presence at trial. Cash bail has been eliminated for most charges. For those criminal charges wherein cash bail can still be and is imposed, the defendant or family may be able to post bail. Sometimes, they may be able to post bail through a bail agent. If cash bail cannot be secured, the defendant is jailed pending trial. Bail Information for Consumers (NYS Department of Financial Services) Bail Common Terms (NYS Department of Financial Services) Bail (NYS Unified Court System) Cash Bail - NYC (NYC Department of Finance) New York Bail Reform: A Quick Guide to Common Questions and Concerns (Cornell University Law Review Journal 2020) Bail Affidavit (NYS Unified Court System)
Bail Agents A bail agent is a person or entity who charges a fee to criminal defendants in exchange for standing as surety for their bail. Bail Amount or Premium (NYS Department of Financial Services) Bail Agents currently licensed to do business in New York State (NYS Department of Financial Services)
Bail Enforcement Agent (a/k/a Bounty Hunter)
Bankruptcy (Federal Court - Bankruptcy Court) Bankruptcy Basics Exemptions Financial Discrimination Meeting of Creditors a/k/a 341 Meeting PreBankruptcy Planning Instructions for Ordering a Written Transcript or a Compact Disc (CD) Request (US Bankruptcy Court, Northern District of New York) UCC Lien Search (NYS Department of State)
Bluebacks (a/k/a Legal Backs) The piece of blue paper that traditionally goes on the back of legal papers, facing in the opposite direction from the other papers, and with the top of the blueback folding over onto the front page of the legal papers. All are then fastened together. Technically called a litigation back, the blueback is imprinted with the caption of the matter and specifies what legal papers are contained within. Most commonly seen with service of a Summons and Complaint. Check with the court to see if a blueback is required for papers being filed, as with papers being scanned by the clerks, they may not even want staples. Blueback - Supreme Court (NYS Unified Court System - 6th Judicial District) Legal Back (NYS Unified Court System - 10th Judicial District) Blueback - Queens County Supreme Court (NYS Unified Court System - 11th Judicial District)
Children (State) NYS Permanent Commission on Justice for Children (NYS Unified Court System) Tools for Engaging Children in Their Court Proceedings (NYS Unified Court System) Youth Participation (NYS Unified Court System) For Youth: Tips and Tools for Attending Your Permanency Hearing (NYS Unified Court System) Hear Me! Hear Me! Hear Me! Voices of Youth in Foster Care Regarding their Court Proceedings (NYS Unified Court System) Children's Centers in the Courts (NYS Unified Court System) Children of Incarcerated Parents (NYS Unified Court System)
Child Support (State) See Divorce See Family Matters - Child Support
Civil Commitment (State Court) The procedure for civil commitment following a plea or verdict of not responsible by reason of mental disease or defect is set forth in Criminal Procedure Law §330.20. See Involuntary Hospitalization due to Mental Illness, below, for non-criminal cases. New York also has a Kendra's Law (Assisted Outpatient Treatment), Mental Hygiene Law §9.60, which may become permanent.
Collecting on a Judgment (State Court)
There is a saying in the legal practice that it is easier to get a judgment than it is to collect on it. That is because many people do not have assets above and beyond exemptions. See the Bankruptcy Exemptions page for a table of New York State and Federal Exemptions applicable in and outside of bankruptcy. See also Debt Collection.
Exemption Claim Form (Delaware County Clerk's Office) Civil Judgment Collect (NYS Unified Court System - 6th Judicial District) Sample Information Subpoena Release of Judgment LienComplaint (State Court) See also Service of Papers See also Summons A Complaint accompanies a Summons to initiate an action. If a Plaintiff serves a Summons with Notice, a Defendant can request that a Complaint be provided. Sample Complaint Notice of Appearance and Demand (NYS Unified Court System) Flowchart of a case's progression in a NYS Supreme Court (NYS Unified Court System)
Court Fee Waivers Request for Waiver of Court Fees - New York State Courts (NYS Unified Court System) Application to have the Chapter 7 fiing fee waived - Bankruptcy Court (US Courts)
Court Reporters (Federal Court) Court Reporter Forms (US Courts)
Criminal - Overview Glossary - Criminal Law and Procedure (Cornell Law School LII) How to Help When a Person With Mental Illness is Arrested (National Alliance for the Mentally Ill - NAMI) Lawyer's Manual on Domestic Violence, Representing the Victim, 6th Edition (NYS Unified Court System)
Criminal (State Court) See also Traffic Court See also Bail
Free counsel is available to defendants who are financially qualified as their liberty is at stake (i.e., they may be imprisoned). Eligibility Criteria and Documents for Assigned Counsel (NYS Office of Indigent Legal Services) Eligibility Standards (NYS Office of Indigent Legal Services) Representation Resources (NYS Office of Indigent Legal Services) Appellate and Post-Conviction Representation (NYS Office of Indigent Legal Services) The Bronx Defenders Brooklyn Defender Services
The Criminal Process Standardized Forms and Reports for Law Enforcement (NYS Division of Criminal Justice Services) New York Prosecutors Training Institute 22 NYCRR Part 200: Uniform Rules For Courts Exercising Criminal Jurisdiction (NYS Unified Court System) Sample Transcripts of Arraignments - Fugitive of Justice NYS Criminal Procedure Law Article 245 - Discovery Criminal Defense Trials (NYS Office of Indigent Legal Services) Criminal Jury Instructions and Model Colloquies (NYS Unified Court System)
Specific Offenses Sexual Offense Evidence Kits (NYS Division of Criminal Justice Services) Specific offenses relating to children, disabled persons and vulnerable elderly persons are found in Articles 260 and 263 of the NYS Penal Code. Cruelty to Animals
Sentencing Fact Sheet on Domestic Violence and the Criminalization of Survival (NYS Office of Indigent Legal Services) The Domestic Violence Survivors Justice Act: Statutes, forms, materials and other resources. (NYS Office of Indigent Legal Services)
Resentencing The Domestic Violence Survivors Justice Act - NYC (NYS Office of Indigent Legal Services)
Criminal (Federal Court) Representation Resources - Nationwide Environmental Crimes (Pace Law School Library) See also Restitution
Criminal - Collateral Consequences Collateral (indirect civil) consequences may be imposed upon a finding of criminal or immoral conduct regardless of the outcome of the criminal case. Others can be avoided or mitigated by dismissal or acquittal. The consequences may be mandatory or discretionary. Some civil proceedings must await the outcome of the criminal case, others may be precede the criminal case, and others may occur simultaneously and thus be parallel proceedings. Parolees, probationers, licensees, aliens, employees, government contractors, and service members (including reservists) need to know the impact on their status. An employer can legally discriminate when there is a logical nexus between the crime committed and the job being sought. Criminal proceedings affect civil litigation arising from the same incidents; pension rights (e.g., 5 U.S.C. § 8312); insurance; and eligibility to possess firearms (e.g., NYS Penal Law §§ 265.01, 400.00(11). Fofeiture of property may also be involved (NYS Penal Law § 480). NYS Civil Practice Law & Rules §1311: Forfeiture Actions While invoking the 5th Amendment against self-incrimination does not allow for an adverse inference in a criminal case, such inference is allowed in a civil case. NICCC: National Inventory of Collateral Consequences of Conviction Collateral Consequences: The Crossroads of Punishment, Redemption, and the Effects on Communities (U.S. Commission on Civil Rights)
Debt Collection (State Court)
The federal law, the Fair Debt Collection Practices Act (Federal Trade Commission), is applicable in cases in which the Plaintiff is a "debt collector" under the Act's definition. A self-repreented person would not fall under the Act's definition, but may be a Defendant in an collection action in which the Act applies. Standard language from the Act includes: "We are attempting to collect a debt. Any information obtained will be used for that purpose. This communication is from a debt collector." A Defendant may have defenses for a Plaintiff's failure to follow the Act, when the Act applies to the collection action.
Wage garnishment has several limitations under state law: NY CPLR §5205(d)(2) exempts 90% of earnings in the prior 60 days; NY CPLR §5241 limits the total percentage that can be garnished for domestic support obligations; NY Soc. Serv. Law §137-a prohibits the garnishment of wages by a debtor receiving public assistance.
U.S. Treasury Chart of Exemptions - Payments Exempt from Offset for non-tax debt by Disbursing Officials Servicemembers Civil Relief Act (SCRA) Website: SCRA is a program that provides certain protections in lending for servicemembers who are called to Active Duty. Consumer Credit Forms (NYS Unified Court System) Consumer Credit Fairness Act - New Form Affidavits effective 5/7/2022 (NYS Unified Court System) UCC Lien Search (NYS Department of State) Answer in Consumer Credit Transaction Sample Answer Vacate Default Judgment in a Consumer Debt Case (NYS Unified Court System) Sample Motion to Vacate Default Judgment Confession of JudgmentDiscovery - How to Gather Evidence (State Court)
See also Evidence
Guide to Evidence in New York State Courts
The Discovery Process (NYS Unified Court System)
See Forman v. Henkin, 30 N.Y.3d 656, 70 N.Y.S.3d 157, 93 N.E.3d 882 (2018) for the Court of Appeals' ruling on how social media evidence is discoverable.
Sample Scheduling Order - New York Supreme Court
See Sample Interrogatories and Request for Production of Documents under "Family Matters," below. May be issued to another party in the case, CPLR 3130.
Serving Interrogatories
Responding to Interrogatories
Motion to Compel Discovery
Sample Notice of Deposition. The party wanting to depose a witness is responsible for arranging for a court reporter, and paying for the same along with the cost of a transcript.
22 NYCRR Part 221: Uniform Rules For the Conduct of Depositions: Objections at Depositions; Refusal to answer when objection is made; Communication with the deponent.
"Usual Stipulations" at Depositions: Do not say you agree to them unless you know what they are and do agree. Ask the court reporter to read them outloud.
CPLR 3116(a) allows the witness to review and make corrections to the deposition.
Objections to Questions
Explanation of Hearsay (NYS Unified Court System)
Getting copies of New York Court records (NYS Unified Court System)
Sample Freedom of Information Law Request
Health Insurance Portability and Accountability Act ("HIPAA") Form to grant release of one's medical information to another.
HIPAA Form to authorize an interview of one's treating physician by the attorney representing the party one sued.
Disclosure of Child Abuse and Neglect Records
Eavesdropping on behalf of your child: People v. Badalamenti decision.
Sample Pre-Trial Statement
Sample Note of Issue and Certificate of Readiness for Trial
See Trials
Divorce (State Court - Supreme Court) Grounds for separation are set forth in Domestic Relations Law §200. Grounds for divorce are set forth in Domestic Relations Law §170.
Considerations: (1) Only married couples can file a joint bankruptcy, and it may be more difficult to discharge debt and protect assets after a divorce. Look into the opportunity to file a bankruptcy prior to a divorce. (2) The general rule in New York State is that a property belongs to the person it is titled to, and a debt belongs to the person whose name it is in. Equitable distribution, which comes into play in a divorce, can vary that. DRL §236B defines marital property and separate property. When a married couple divorces, the marital property is divided equitably or fairly, which is not necessarily equally. See the definitions for how separate property is distinguished. Commingling (mixing) separate property with marital property can make it marital property. (3) Pensions, profit sharing plans, 401Ks and Individual Retirement Accounts (IRAs) that are funded with earnings earned during the course of a marriage entitles the other spouse to a proportionate amount of the asset. Under the Equitable Distribution Law, the value of these assets can be ascertained and then divided and awarded to each spouse equitably. The Majauskasformula is used to calculate the split of retirement plans with the accrued benefit to be received by the spouse upon his or her retirement. See Majauskas v. Majauskas, 61 NY 2d 481, 463 N.E.2d 15, 474 N.Y.S.2d 699 (1984). A Qualified Domestic Relation Order ("QDRO") will divide most retirement plans and must be signed by a judge. A QDRO is a court order detailing the proper procedure for the distribution of the payee's retirement benefits in the future. IRA funds are transferred tax-free from one spouse to the other, as long as it is in a written Judgment of Divorce or unless it is rolled or transferred into the recipient's own IRA. Without such documentation, a 20% federal income tax will be imposed. (4) Parent Education and Awareness Program (NYS Unified Court System): The program's primary goal is to teach parents ways they can reduce the stress of family changes and protect their children from the negative effects of ongoing parental conflict in order to foster and promote their children's healthy adjustment and development.
Separations: Sample Separation Agreement Sample Separation Agreement Language for Dividing Defined Contribution Plans Child Support Provisions How to Successfully Handle Retirement Benefit Division in Divorce Agreements (Women's Bar Association of the State of New York) JSS Memo on Procedures for Filing Separation Agreements Uncontested Divorces: Uncontested Divorce Video Uncontested Divorce: What You Need to Know Before Starting Your Divorce Action Parenting Plan (New York County) Uncontested Divorce Form Packet Request for Waiver of Court Fees Contested Divorces (most of the same forms as uncontested, but with variations due to the nonconsensual nature of the proceeding): Contested Divorce Flowchart (NYS Unified Court System) Notice of Automatic Orders Notice of Guideline Maintenance Notice Concerning Continuation of Health Care Coverage NYS Unified Court System forms, many of which can be typed in and printed out. Summons with Notice OR Summons (which will accompany a Verified Complaint). The spouse starting the divorce action is the Plaintiff. Verified Complaint Affidavit of Service Sample Answer of Defendant to the Complaint. An Affidavit of Service of the Answer must also be filed by the Defendant. Sworn Statement of Removal of Barriers to Remarriage Affidavit or Affirmation of Regularity Note of Issue Request for Judicial Intervention ("RJI") & Addendum for the RJI - this gets a judge assigned to the case. All of the above forms must be filed with the clerk before a RJI can also be filed. Annual Income Worksheet if maintenance has been requested or if there are children under the age of 21. Maintenance Guidelines Worksheet if maintenance has been requested. Child Support Worksheet if there are children under the age of 21. Child Support Cases Statement of Net Worth Notice of Settlement, if applicable. Parenting Plan (New York County) Affidavit in Support of Motion for Temporary Relief (if relief is needed during the pendency of the divorce proceeding) Order to Show Cause for Temporary Relief Findings of Fact and Conclusions of Law - this document must be modified based on the findings and conclusions rendered following a trial. Judgment of Divorce when parties have settled. Written settlement agreements or transcripts of oral settlements before the court, are attached and incorporated into Judgments of Divorce. The date of divorce is the date that the judge signs the Judgment of Divorce, and not the date the parties are in court nor the date the Judgment is filed with the court clerk. Notice of Entry. Plaintiff must serve a Notice of Entry and copy of the Judgment of Divorce ("JOD") upon the Defendant, and file a copy of the same with the court/county clerk along with an Affidavit of Service of the JOD. Certificate of Dissolution Postcard Sample - must provide court/county clerk with postcard. Application for Child Support Services Affidavit in Support of Order to Show Cause to Vacate Default Judgment Order to Show Cause to Vacate Default Judgment
Affidavit in Support of Motion for Contempt Order to Show Cause - Contempt of Court Affidavit in Support of Motion for Money Judgment Order to Show Cause for Money Judgment
Domestic Violence Obtaining an Order of Protection (New York State Unified Court System) Lawyer's Manual on Domestic Violence, Representing the Victim, 6th Edition (NYS Unified Court System) Trauma-Informed Legal Advocacy (TILA) Project: offers guidance on applying trauma-informed principles to working with survivors of domestic violence in the context of legal proceedings. (National Center on Domestic Violence, Trauma & Mental Health) Urban Justice League Domestic Violence Project: This nonprofit helps victims of domestic violence and their children in New York City live free of violence and abuse. Sample Form: Statewide Central Register Database Check
Driving While Intoxicated ("DWI")/Ability Impaired ("DWAI") (State Court - Criminal Court) Drug Recognition Expert Testimony Ignition Interlock Device Program - Financial Disclosure Form (NYS Unified Court System) How to Request Restoration After a Driver License Revocation (NYS Department of Motor Vehicles)
Drug Dealer Liability Act Article 12 of the General Obligations Law. GOB §12-103 provides that liability is established: "A person who knowingly participates in a drug market within this state and has been convicted of a crime for such participation in a drug market and is a drug trafficker shall be liable for civil damages as provided in this article." Pursuant to §12-104, liability extends beyond the drug user and covers the drug user's family, employer, and any entity that funds the drug user's treatment.
Drugs The House I Live In: a documentary about the drug war, prisons and the criminal justice system. The View From In Here: an inmate and a corrections staff member talking face-to-face. (Weeds of Discontent, This American Life) Buried Alice Project
Equal Justice in the Court System Report from the Special Adviser on Equal Justice in the New York State Courts
Estates (State Court - Surrogate's Court) See also Surrogate's Court page. Surrogate's Court Checklists (NYS Unified Court System) Surrogate's Court Fees (NYS Unified Court System) Your Rights and Obligations Under the Tax Law (New York State Department of Taxation & Finance): includes information on tax liability of executors/administrators and beneficiaries of an Estate. A surviving spouse may object to the Will and opt for the Elective Share, which is $50,000.00 or one-third of the net estate, whichever is greater. Right of Election Planning (Women's Bar Association of the Estate of New York)
Evictions - See Landlord/Tenant
Evidence See also Discovery Corporation & Business Entity Search (NYS Department of State) UCC Lien Search Certification of Business Record: Sample One, Sample Two, Sample Three CPLR §4518(c) requires records from hospitals outside New York State to have a certification or authentication by either "the head of the hospital, laboratory, department or bureau of a municipal corporation or of the state or by an employee delegated for that purpose, or by a qualified physician." Printers which do or do not display tracking dots (Electronic Frontier Foundation)
Family Matters (State Court - Family Court) See also Children Free counsel is available to parties in Family Court who are financially qualified in paternity, custody/visitation, neglect/abuse proceedings, foster care placement and review, termination of parental rights, desitute child, adoption, and family offense (domestic violence) proceedings. Free counsel is not available in child support proceedings unless non-payment is the issue and the parent is facing the possibility of incarceration. An Attorney for the Child (f/k/a Law Guardian) may be assigned to the child(ren) in such cases as well. Right to Counsel in Family-Related Court Proceedings (NYS Office of Indigent Legal Services) Eligibility Criteria and Documents (NYS Office of Indigent Legal Services) Eligibility Standards (NYS Office of Indigent Legal Services) Application for Assigned Counsel (Otsego County) Family Court Flyer (NYS Unified Court System) Sample Family Court Mediation Flyer (Check in each county) 22 NYCRR Part 205: Uniform Rules For The Family Court (NYS Unified Court System) Electronic Testimony Application & Waiver of Personal Appearance (Otsego County Family Court) About September 2021 Revision of Family Court Forms
Attorney for the Child (formerly known as law guardian) Function of the Attorney for the Child (NYS Unified Court System) Ethics for Attorneys for Children (NYS Unified Court System - Appellate Division, 4th Department) Ethics in Childrens Representation Paternity: About Paternity (NYS Unified Court System) Paternity Petition Program (NYS Unified Court System) Paternity - Electronic Testimony Application and Waiver of Personal Appearance Custody & Visitation: Sample Questionnaire (attorney interviewing client) Petition for Custody/Visitation (NYS Unified Court System) Custody/Visitation Enforcement Petition Program (NYS Unified Court System) Custody/Visitation Modification Petition Program (NYS Unified Court System) Custody and Visitation Cases Report of the Blue-Ribbon Commission on Forensic Custody Evaluations 2022 Judical Subpoena Duces Tecum Sample Interrogatories and Request for Production of Documents - To be tailored to the issues in the case. Sample Petition for Modification of Order Made by Family Court (Visitation) on Stipulation About Co-Parenting Apps Child Support Income and Expenses Statement Child Support Worksheets (NYS Unified Court System) Child Support Standards Chart (2023) (NYS Office of Temporary and Disability Assistance, Division of Child Support Services) Child Support Modification Video (NYS Unified Court System) Child Support Enforcement Warrant Notice System (NYS Department of State) Application for Child Support Services Child Support Cases Child Abuse & Neglect, and Termination of Parental Rights: Administration for Children's Services: Agency involved in New York City cases. County Departments of Social Services: Agenices involved in cases outside New York City. Destitute Child Forms Parents' Guide to New York State Child Abuse and Neglect Laws Information on Fact-Finding, Disposition, and Permanency Hearings Voluntary Surrender Form (Form varies county to county)Confidentiality of CPS records Nationwide chart of state laws on whether parental rights of only one parent can be terminated (National Council of Juvenile and Family Court Judges (NCJFCJ), 2013). Family Offense Notice & Motion to Dismiss Family Offense Foster Care Grandparent Rights Domestic Relations §72 provides rights for grandparents IF either or both of the parents are deceased, or circumstances show that conditions exist which equity would see fit to intervene. Cases Juvenile Deliquency Administration for Children's Services: Agency involved in New York City cases. County Departments of Social Services: Agenices involved in cases outside New York City. Information on Fact-Finding, Disposition, and Permanency Hearings Parental Alienation Cases Persons in Need of Supervision (PINS) Information on Fact-Finding, Disposition, and Permanency Hearings Transcripts Requesting Transcript of Electronic Recording (Otsego County Family Court) Transcription Services Withdrawl of Proceedings Withdrawal of Proceedings Appeals: Notice of Appeal from Family Court Pre-Calendar Statement Sample Notice of Motion for Extension of Time to Perfect Appeal Sample format of Brief on Appeal Sample Settlement on Appeal Stipulation of Discontinuance of Appeal (this one applicable when parties have reached an agreement in Family Court on a subsequent petition, rendering the appeal of the previous decision moot).
Foreclosures See Mortgage Foreclosures See Property Tax Foreclosures
Guardian Ad Litem Guidelines for Guardians Ad Litem with Sample Reports and Forms, May 2003 (NYS Unified Court System)
Guardianship (State Court - Surrogate's Court) Guardianship 17-A Petition Program. This proceeding is used to obtain guardianship over a child who is developmentally or intellectually disabled and turning eighteen years old. Often, the child has been receiving S.S.I. benefits and the Social Security Administration will no longer recognize the parent automatically as the guardian. The proceeding is brought under Article 17-A of the Surrogate's Court Procedure Act ("SCPA"). Surrogate's Court Checklists Petition to Invest Funds Order to Invest Funds
Guardianship (State Court - Supreme Court) This proceeding is used to obtain guardianship over an adult who has lost capacity under Article 81 of the Mental Hygiene Law. The petitioner can petition for guardianship over the property or the person or both, depending on the circumstances. Procedure is set forth in the SPCA. (In 1992, the New York State Legislature repealed Articles 77 and 78 of the Mental Hygiene Law, and added the new Article 81. The prior law spoke of "conservators" and "committees," terms not found in Article 81.) Powers are granted to the guardian that are tailored to the individual, are limited in nature, and are the least restrictive alternative. Decisions are based on a functional assessment and not a medical diagnosis. If you are someone who feels that you will lose capacity within the next twelve (12) months, and you cannot prepare through a Power-of-Attorney, Health Care Proxy and Living Will, you do have the option of petitioning the court to have a guardian appointed. Project Guardianship - Free support and resources for those with questions. Ethical Aspects of Evaluating a Patient's Mental Capacity by Edmund Howe, MD, Psychiatry (Edgmont) 2009 Jul; 6(7): 15-23. Future Care Planning (NAMI New York) Sample Guardianship Petition Venue is the county where the Alleged Incapacited Person (AIP) resides; is physically present; or, where a Surrogate's Court proceeding has been commenced and the AIP is entitled to proceeds in that proceeding or has property in that county. Medical information not to be included in the Order to Show Cause. NYS Mental Hygiene Law §81.07 A hearing must be commenced within 28 days of filing of the petition. NYS Mental Hygiene Law §81.07 Appointment of court evaluation. NYS Mental Hygiene Law §81.09 Notice of Adjourned Proceeding Sample Pre-Trial Statement Oath and Designation Commission to Guardian Guide to Guardianship for Lay Guardians Appointed Under Article 81 of the New York State Mental Hygiene Law (State Justice Institute) Annual Report of the Guardian Form: Check with court for proper form for guardian of person and/or property to file on annual basis. Petition to Invest Funds (change caption to Supreme Court) Order to Invest Funds (change caption to Supreme Court) Article 81 Collected Cases through January 15, 2010 (Mental Hygiene Legal Services)
Hearsay General overview of hearsay and exceptions Explanation of Hearsay (NYS Unified Court System) See also Evidence
Immigration (Federal) Regional Immigration Assistance Centers (NYS Office of Indigent Legal Services)
Funded by the New York City Council, the New York Immigrant Family Unity Project (NYIFUP) provides free, high-quality legal representation to every low-income immigrant facing deportation in the City of New York, as well as to detained New Yorkers facing deportation in the nearby immigration courts in New Jersey. The project first piloted in 2013 and was granted full funding in 2014. NYIFUP is implemented jointly by three public-defender organizations: The Bronx Defenders, The Legal Aid Society, and Brooklyn Defender Services. Through NYIFUP, these three providers ensure universal immigration representation regardless of income, criminal history, or relief eligibility. If relief is not possible, our immigration attorneys remain by a client's side to ensure due process, safeguard rights for future attempts at admission, and help facilitate voluntary departure. If relief against removal is available to a client, NYIFUP staff files all necessary applications, seeks release from detention on bond, and litigates the cases to trial and, when necessary, before the Board of Immigration Appeals. The Bronx Defenders Brooklyn Defender Services The Legal Aid SocietyProtect Your Dreams! (American Immigration Lawyers Association)
Immunities Compare with Privileges. Immunity is an exemption granted by statute or government authorities from a legal duty, penalty or prosecution due to public policy. Sovereign Immunity (Cornell Law School Legal Information Institute) Qualified Immunity (Cornell Law School LII)
Index Number (State Court) The number assigned to the case by the County Clerk's Office in County or Supreme Court. The numbers include the year in which the case is filed. For example, a case number of "19-0201" would indicate that the case was filed in 2019 and that it was the 201st case filed that year. The number is used to identify a case in that court, and should be indicated on all papers served on the parties and filed with the court. The number is either: (a) purchased; or (b) obtained after a Poor Person Application is filed and approved by the court. Application for Index Number (Delaware County Clerk's Office)
Injunctions An injunction is a judicial order that restrains a person from beginning or continuing an action threatening or invading the legal right of another, or that compels a person to carry out a certain act. Uniform Civil Rule §202.7(f) governs motions for injunctions in Supreme and County Courts.
Interpreters FAQs on Getting an Interpreter (NYS Courts) National Association of Judiciary Interpreters and Translators (NAJIT) NAJIT Code of Ethics and Professional Responsibility (NAJIT)
Involuntary Hospitalization due to Mental Illness Mental Hygiene Law Articles 1 and 9. "'Mental illness' means an affliction with a mental disease or mental condition which is manifested by a disorder or disturbance in behavior, feeling, thinking, or judgment to such an extent that the person afflicted requires care, treatment and rehabilitation." MHL §1.03(20) Retention Cases.
Judicial Sale A sale made by a person legally appointed by a court. The court subsequently issues an order confirming the sale. See CPLR §2003 for time limit to correct irregularities in a judicial sale.
Judgments See also Collecting on a Judgment NYS CPLR §5020 contains the law pertaining to Satisfaction of Judgments. Form: Satisfaction of Judgment
Jury Selection -- See Voir Dire
Justice Courts (Town and Village) Justice Court Manual, 2015 (NYS Uniform Court System) See also Small Claims
Landlord/Tenant (State Court - Town, Village or City Court) NYS Real Property Actions & Proceedings Law §711 sets forth when a landlord-tenant relationship exists. Distinguish "tenants" from hotel "guests," who are subject to Penal Law §165.15 wherein failure to pay can result in a charge of theft of services. NYS Real Property Actions & Proceedings Law §721 specifies who may bring a summary proceeding, which is the eviction proceeding. Note that the grantor of a land contract (aka land installment contract) is not among them. Landlords must use the court system to evict a tenant, and an eviction proceeding can only be brought when the tenant is still occupying the property. If a tenant vacates before an eviction proceeding is commenced, the landlord needs to use another proceeding to obtain a judgment for damages. See also NYS RPL §227-e, the landlord's duty to mitigate damages. If damages are within the jurisdictional limits, a landlord may file for damages in small claims court. All landlords and tenants should be aware of NYS Real Property Law §223-b: Retaliation of Landlord against Tenant and NYS Real Property Actions & Proceedings Law §768: Unlawful Eviction. RPL §223-b does not apply to owner/landlord-occupied properties of less than four units.
Evictions in NYC (NYS Unified Court System) Landlord/Tenant Basics Outside NYC (NYS Unified Court System) Evictions Outside NYC (NYS Unified Court System) Notice to Terminate NYS RPAPL §711(2): 14-Day Notice for non-payment of rent. Must be written and as the court proceeding has not yet been initiated, the landlord may serve it. Notice Requiring Payment of Rent (formerly 3 days; now 14 days) Eviction Due to Tenant's Holdover - Forms & Instructions (NYS Unified Court System) If the eviction is due to the landlord being foreclosed upon, then the petitioner must have the record sealed as to the lessee, NYS RPAPL §757. DIY Roommate Holdover Case (New York City Housing Court) NYS RPAPL §743: Answer. Affirmative defenses and counterclaims may be raised in the answer, and dependent on court rules, a tenant may have the option of giving an answer orally on the court date. NYS RPL §223-b may be used as an affirmative defense to any eviction proceeding. Only finding required is that the landlord acted in retaliation. The 2019 amendments removed any requirement that tenant prove that landlord would not otherwise have brought the proceeding. In defense, the landlord must prove by a preponderance of the evidence (not just a credible explanation) that he/she is not retaliating. NYS RPL §235-e(d) may be used as an affirmative defense if notice not given to tenant that rent had not been received. This is not a jurisdictional defect. Failure to properly give the 14-day notice under NYS RPAPL §711(2) will result in the case being dismissed for lack of jurisdiction. NYS RPAPL §731(4): proceeding rendered moot when tenant has paid full amount owed prior to hearing. How to Prepare for a Landlord-Tenant Trial (2006) (NYC Civil Courts) NYS RPAPL §745: Trial, a party may request a jury trial. NYS RPAPL §749: Warrant. Only persons named can be evicted; no more "John Doe" and "Jane Doe". The landlord must find out who they are and name them in the petition. RPAPL §§751, 753, 755, 756, 756-A: Various grounds for stay of a summary proceeding or a judgment of eviction before a warrant is issued. NYS CPLR §§R2606, R2607: Rules regarding orders for payment out of court, and payment into court. Warrant of Eviction - Holdover Warrant of Eviction - Nonpayment Note: Some sheriffs will not execute warrants that are more than two weeks old, as they are considered stale. The Sheriff's officer(s) do not move items. They watch while the tenant or the landlord's people move the items out. Tenant Affidavits to Vacate Default Judgment and Restore Case to Calendar (NYS Unified Court System) NYC Tenant Rights and Responsibilities (NYC Housing Preservation & Development) Tenant's Duties re: Condition of Premises Case Law (Due to changes in parts of the Landlord-Tenant law that became effective on July 14, 2019, some of the cases may no longer be applicable.) NYS RPL §227-e: Landlord duty to mitigate damages.NYC law provides for free representation to tenants who earn up to double the poverty line for their family sizes. NYC tenants who do not qualify for free representation may nevertheless be entitled to free legal advice. Outside NYC, tenants should check with their regional legal aid services to see if they handle landlord/tenant cases and if they qualify for free representation. Eviction Prevention - Urban Justice Center: This nonprofit represents clients in New York City housing matters and advocates for social policies that combat homelessness. Just Fix NYC website: This nonprofit provides unrepresented tenants with a self-help web app that assists in gathering evidence, mediating with their landlord through templated communications, reporting violations to city agencies, connecting with organizers and attorneys and presenting a "case history" --the record of all evidence and actions take--for housing court. The JustFix.nyc Advocate Dashboard allows community organizers, legal aid attorneys, and other advocates to conduct targeted outreach, gather evidence for group class action cases, communicate efficiently with tenants, and track and analyze data about buildings, landlords, and neighborhoods. The Bronx Defenders: Free representation for income-eligible residents of the Bronx.
Malpractice See Attorney Malpractice See Medical Malpractice
Medical Malpractice In general, medical malpractice is defined as when a medical provider breaches, or violates, the standard of care, which then results in injury to a patient. The standard of care is the generally accepted method of care a doctor or other healthcare professional should administer to a patient afflicted with a specific condition.
Mental Illness See Guardianship See Involuntary Hospitalization due to Mental Illness Urban Justice Center: This nonprofit serves New York City's most vulnerable residents through a combination of direct legal service, systemic advocacy, community education, and political organizing.
Mortgage Cancellation and Discharge Real Property Actions and Proceedings Law Article 15 (cancellation and discharge when at least six years have passed from default) and Article 19 (ancient mortgages which have been paid). Discharge of Ancient Mortgages in New York by Adam Leitman Bailey, New York Law Journal, September 9, 2015.
Mortgage Foreclosures (State Court - Supreme Court) A mortgagee (the lender in a mortgage, typically a bank) has six years from the mortgage default to foreclose on the mortgage. If the mortgagee does not bring a foreclosure action within those six years, but does later on, the mortgagor (the borrower in a mortgage, typically a homeowner) may raise the affirmative defense of the Statute of Limitations having expired in his/her pre-Answer Motion to Dismiss, or Answer (CPLR §3018). The affirmative defense is waived if not raised in one of those pleadings (CPLR §3211). Pre-Foreclosure Timeline (NYS Department of Financial Services) Foreclosure Flow Chart (NYS Unified Court System) Paths of a Foreclosure in New York State - 2008 (Neighborhood Economic Development Advocacy Project and South Brooklyn Legal Services) Instructions for Filing a 90-day Pre-foreclosure Notice with the NYS DFS Effective January 1, 2014 (NYS Department of Financial Services) Understanding New York State's Mortgage Foreclosure Process (NYS Homes & Community Renewal) CPLR §3408 provides for mandatory settlement conferences in residential foreclosure actions, involving a home loan as defined by RPAPL § 1304. The conference is intended to determine, among other things, whether a resolution can be reached to keep the home owner in his/her home. Effective April 20, 2017, RPAPL § 1304 and CPLR §3408 was amended to include reverse mortgages. Additionally, CPLR §3408(a)(1), in cases wherein a default is caused by the death of the last surviving borrower on a reverse mortgage, provides rights to (1) the last surviving borrower's spouse, if any, who is a resident of the property subject to foreclosure; or (2) the last surviving borrower's successor in interest who owns or has a claim to the ownership of the property subject to foreclosure and was residing in the property when the last surviving borrower died. Verified Answer to Foreclosure Complaint (NYS Unified Court System) Judgment of Foreclosure and Sale Form (NYS Unified Court System) Notice & Motion to Discontinue Action (mortgage reinstated) Foreclosure Action - Surplus Monies Form (NYS Unified Court System) Tenants Rights in Foreclosed Properties (NYS Department of Financial Services) Restoring Neighborhoods: New York State's 2016 Zombie Property and Foreclosure Prevention Act (Empire Justice Center)
Motions A motion is a written request to the court to issue an order for specific action. For example, an order could grant or force discovery, or dismiss all or part of an action. (An Order to Show Cause is a speeded up form of a motion). Motion papers inform the opposing party of the nature of the request and state the date, time and location where the request will be made. How to Make a Motion in NYS Supreme Court (NYS Unified Court System) Motion Checklist - Queens County Supreme Court (NYS Unified Court System) Motions in New York City Civil Courts (NYS Unified Court System) If not already filed in Supreme Court, a Request for Judicial Intervention must be filed to get a judge assigned to hear the motion. Request for Judicial Intervention ("RJI") (NYS Unified Court System) First Sample Notice of Motion (NYS Unified Court System) Second Sample Notice of Motion (NYS Unified Court System) Affidavit in Support of Motion (NYS Unified Court System) Affidavit of Service (NYS Unified Court System) Blue Back Information Sheet (NYS Unified Court System) How to Answer a Motion (NYS Unified Court System) First Sample Affidavit in Opposition (NYS Unified Court System) Second Sample Affidavit in Opposition (NYS Unified Court System) Third Sample Affidavit in Opposition - With Cross Motion (NYS Unified Court System) Affidavit in Support of Cross Motion (NYS Unified Court System) Reply Affidavit (NYS Unified Court System) Affidavit in Opposition to Cross Motion (NYS Unified Court System)
Name Change (State Court) Civil Rights Article 6: Change of Name (Laws of New York) Name Change Flyer (NYS Unified Court System) Name Change Basics (NYS Unified Court System) More About Child Name Changes (NYS Unified Court System) Child Name Change Petition (NYS Unified Court System) Notice to Non-Petitioning Parent (NYS Unified Court System) Request for Waiver of Court Fees (NYS Unified Court System)
Note of Issue (State Court) Gets the case placed on the court's calendar. Sample Note of Issue The filing of the Note of Issue signals the end of intra-party discovery. It does not preclude conducting non-party discovery.
Notice of Appearance See also Answer Notice of Appearance and Demand (NYS Unified Court System)
Notice of Claim (a prerequisite for specified actions for money damages against NYS, a local government or a government agency) Notice of Claim provisions do not apply to 42 U.S.C. §1983 actions for violation of constitutional rights under color of state law. Mahadeo v. NYC Campaign Finance Board., 514 Fed. Appx. 53, 55 (2d Cir. 2013). Notices of Claim are not required in actions brought to vindicate a public interest rather than to enforce a private right. See CPLR Article 78 for actions against a municipality involving its exercise of, or failure to exercise, executive and quasi-judicial powers. Filing a Notice of Claim (NYS Unified Court System) FAQs (NYS Court of Claims) General Municipal Law Article 4 (§§50 - 53) governs Notices of Claim against a city, county, town, village, fire district, or school district, for negligence and malfeasance of public officers. For claims against a village, see also CPLR §9802, which broadens the Notice of Claim requirements to include equitable actions. Filing a claim with the New York City Comptroller's Office. Sample Notice of Claim (Nassau County) Sample Notice of Claim (Town of Hamburg) Sample Notice of Claim (Town of Smithtown) Instructions for filing a Notice of Claim against the Town of Smithtown.
Notice of Entry Notice of Entry
Notice of Motion (State Court) Uniform Rules §202.7(b) governs notices in Supreme and County Courts.
Offer of Proof A presentment of evidence for the record, but outside of the presence of the jury, for purposes of preserving the evidence on the record for use in an appeal. If a judge sustains an objection during examination of a witness precluding a material line of inquiry, the questioning party makes an offer of proof (after asking to approach the bench if there is a jury present). An offer of proof states what the witness would have testified to, why the questioning party wanted to elicit that testimony, and why that testimony is admissible. Also applies to other evidence, such as documents.
Orders (State Court) Many Orders in the New York State courts are prepared by the attorneys in the cases, based on what the judge has orally ruled or what the parties have agreed to. A judge may require a pro se party to prepare an Order. It is thus very important to take notes of what a judge is ordering at any time. Sometimes a transcript has to be ordered (and paid for by the party required to draft the Order) in order to fully and accurately reflect what has been ordered. Court Orders (NYS Unified Court System) Order Removing Case Sample Scheduling Order - Supreme Court. See also Notice of Entry.
Pardons (Presidential) A presidential pardon is a sign of forgiveness, usually only for those who accept responsibility for their crimes and demonstrate rehabilitation. People who are pardoned regain the rights of a citizen, such as the right to vote, serve on a jury, and own a gun. It is not a vindication and does not erase or expunge the record of conviction. Any remaining prison sentence and probation, as well as unpaid fines, are removed. Office of the Pardon Attorney (U.S. Department of Justice)
Paternity (State Court) See Family Matters
Personal Injury Most personal injury attorneys work on a contingency fee basis, that is, they get paid a percentage of whatever their clients recover. However, a person may request that an attorney work on an hourly basis, and the attorney may or may not agree. Both the potential client and the potential attorney have risks to weigh with either type of payment agreement.
The following two documents show the preliminary information that is collected for personal injury claims: Sample Questionnaire that an attorney would provide for a potential client to fill out. Sample form for Initial Client Interview that an attorney would fill out while meeting with a client.Discovery Guidelines in Personal Injury Cases: Perspective from Plaintiff and Defense (Women's Bar Association of the State of New York)
Poor Person Status (State Court) Civil Practice Law & Rules §1102: Privileges of poor person CPLR §1103: Distribution of recovery in favor of poor person CPLR §1101: Motion for permission to proceed as a poor person How to Apply for Poor Person Status (NYS Unified Court System, 6th Judicial Department) How to Apply for Poor Person Status (Queens County Supreme Court Civil Term) Request for Waiver of Court Fees (NYS Unified Court System) Application for Poor Person Status and Assignment of Counsel in a Criminal Appeal (NYS Unified Court System) Application for Poor Person Status and Assignment of Counsel (NYS Supreme Court Appellate Division, Third Department)
Privacy Issues (State Court) Application to Seal a Criminal Conviction Pursuant to CPL 160.59 after 10 Years (NYS Unified Court System) Redaction of Confidential Personal Information (NYS Unified Court System)
Private Nuisance (State Court) A User's Guide to Bringing a Private Nuisance Action (Partnership for the Public Good)
Privileges Compare with Immunities. The Litigation Privilege: Its Place in Contemporary Jurisprudence by Louise Lark Hill, Hofstra Law Review 44:401 (2015).
Proof of Service (State Court) Proof of Service in Initiating Papers - Supreme Court (NYS Unified Court System)
Property Tax Foreclosures (State Court) Property Tax Basics Property Tax Foreclosures
Prosecutors (State) New York Prosecutors Training Institute
Public Utilities The Public Utility Law Project (PULP) is dedicated to advancing the interests of low income and rural consumers in energy, telecommunications, and other utility-related matters. PULP represents individuals and groups, and offers educational consulting and support services to other institutions, agencies and advocates serving the poor. PULP represents the special needs of low income consumers before regulatory agencies where utility rates and policies are set, before state and local social services departments where utility and energy assistance programs are designed and administered, in courts where "involving utility and energy-related rights and benefits are litigated, and in other forums where utility policy is considered.
Real Estate (State Court) Complaint - Partition Property Jointly Owned See CPLR §5103(b): Judicial sales of real property must be by the sheriff of the county where the land is situated or by a referee appointed by the court for that purpose. Notice, Motion, Proposed Order for Reference - to appoint a referee.
Request for Judicial Intervention ("RJI") (State Court - Supreme Court)
Restitution (Federal Court) The Restitution Process (U.S. Department of Justice)
Search Warrants The Complete Search Warrant, Annotated, by Albert M. Rosenblatt (NYS Unified Court System)
Service of Papers in a Civil Action (State Court) How to Commence a Civil Action CPLR 2001 cases How to Serve Papers When Commending an Action or Proceeding (NYS Unified Court System) A lawsuit is filed and served by a Summons and Complaint, or a Summons with Notice; or a Petition and Order to Show Cause. Summons - Supreme Court (NYS Unified Court System) Summons with Notice - Supreme Court Starting a case in New York City Court (NYS Unified Court System) List of Public Corporations that have filed a Certificate of Designation for Service of Notice of Claim (NYS Department of State) See Kandov v. Gondal, 11 AD 3d 516, 783 N.Y.S.2d 57 (2nd Dept. 2004) and other cases for service being proper at the address on record with the NYS Department of Motor Vehicles. CPLR §306 specifies the requirements for proofs of service. Request for Change of Address or Boxholder Information Needed for Service of Legal Process (previously provided form from U.S. Post Office) USPS - Address Change Request (See website of U.S. Postal Service for further information) Affidavit of Service of Initiating Papers - Supreme Court (NYS Unified Court System) Affidavit of Service Affidavit of Service Admission of Service of Summons (or Summons and Complaint) Admission of Service of Subpoena to Appear Sample Order Dismissing Case - Improper Service NYS Unified Court System suit revoking default judgments due to "sewer service"
Settlements Settlements - New York State Courts (NYS Unified Court System) Notice of Settlement - Supreme Court (NYS Unified Court System) Stipulation of Discontinuance of Action Notice & Motion of Discontinuance of Action Sample Release, Sample Release, General Releases Sample Confession of Judgment IRS: Settlements - Taxability IRS: Lawsuits, Awards, and Settlements Audit Techniques Guide 2011 Release of Judgment Lien
Sexual Causes of Action - Civil (Federal Court) Complaint for Rape, Sexual Misconduct, etc. (filed against Trump and Epstein)
Small Claims (NYS Town, Village, City Court) 22 NYCRR Part 214: Uniform Civil Rules For The Justice Courts (NYS Unified Court System) 22 NYCRR Part 208: Uniform Civil Rules For The New York City Civil Court (NYS Unified Court System) 22 NYCRR Part 210: Uniform Civil Rules For The City Courts Outside The City Of New York (NYS Unified Court System) Small Claims Guide (NYS Unified Court System) Guide to Small Claims Court (The Rural Law Center of New York, Inc.) Small Claims Court Guide (New York City Bar Association) Hearsay evidence is permitted in small claims court, although a judgment may not be based on it alone (e.g., NYC Civ. Ct. Act § 1804). Sample Small Claims Form (Town of Ballston) Small Claims Appeals - Madison County (NYS Unified Court System) Appeals - NYC Small Claims Court (NYS Unified Court System)
Specific Matters Small Claims Assessment Review ("SCAR") for contesting real property assessments. Small Claims Instructions and Form for property damage less than $5000 caused by NYS Department of Transportation.
Special Preference (State) CPLR §3403 specifies which cases have preference over others on the court's trial calendar. There is a preference given for an action involving a party who is 70 years or older, if requested. Sample Notice-Motion-Order for Special Preference
Statutes of Limitations (State actions) Chart of Statutes of Limitations (civil and criminal) (NYS Unified Court System) A Statute of Limitations governs how long a plaintiff or a prosecutor has to file a lawsuit or charge before he/she is foreclosed from doing so. These statutes are designed to prevent claims from arising after all evidence has been lost or after the facts have become obscure through the passage of time or the defective memory, death, or disappearance of witnesses. Article 2 of the CPLR, §§201-218, governs statutes of limitation in civil causes of action which accrued in New York State. CPLR §201 states that "[a]n action, including one brought in the name or for the benefit of the state, must be commenced within the time specified in this article unless a different time is prescribed by law or a shorter time is prescribed by written agreement. No court shall extend the time limited by law for the commencement of an action." Take note of the wording in CPLR §201: "unless a different time is prescribed by law." For example, New York State Tax Law provides the Statutes of Limitations for actions involving income and estate taxes. See Your Rights and Obligations Under the Tax Law (New York State Department of Taxation & Finance) for statutes of limitations pertaining to tax returns. Take further note that CPLR §201 allows for shorter (not longer) times by written agreement. CPLR §202 states that "[a]n action based upon a cause of action accruing without the state cannot be commenced after the expiration of the time limited by the laws of either the state or the place without the state where the cause of action accrued, except that where the cause of action accrued in favor of a resident of the state the time limited by the laws of the state shall apply. CPLR §214-a provides for a two and a half year statute of limitations in medical, dental, and podiatric malpractice actions, running from the date of the act, omission, or failure. The statute includes two extending provisions: the continuous treatment doctrine and the foreign object rule. The continuous treatment rule defers accrual of the limitation period to the "last treatment where there is continuous treatment for the same illness, injury or condition which gave rise to the said act, omission or failure." Lohnas v. Luzi, 30 N.Y.3d 752, 71 N.Y.S.3d 404, 94 N.E.3d 892 (2018).
Summons (State) Summons - NYS Supreme Court (NYS Unified Court System) Starting a Case in New York City Court (NYS Unified Court Sytem) - application for pro se summons
Temporary Administration (State - Surrogate's Court) NY SCPA §901 provides for Temporary Administration of a person's property when the person is an absentee or an internee. See Surrogate's Court page. Must locate any Last Will & Testament.
Traffic and Vehicle Offenses (State) The District Attorney's Offices in many counties have instructions on how a person can request a reduction in charges/plea for traffic violations. Some provide a form for the person to fill out and submit with what he/she would agree to. Others request that documents be submitted and the District Attorney's Office will offer (or not offer) a reduction in charges. Reasons to offer a reduction in charges commonly include "interest of justice."
Alleghany County District Attorney Broome County Traffic Diversion Program Delaware County District Attorney Essex County District Attorney Jefferson County District Attorney Onondaga County District Attorney Oneida County District Attorney Otsego County District Attorney Schoharie County District Attorney Tompkins County District AttorneyA Guide to Suspension & Revocation of Driving Privileges in NYS (NYS Dept. of Motor Vehicles)
Trials (State) How to Subpoena - Queens County Supreme Court (NYS Unified Court System) Sample Subpoena to appear at trial Sample Admission of Service of Subpoena to Appear Sample Subpoena Duces Tecum (i.e., a subpoena for production of evidence). This sample, which references a judgment, is for discovering the judgment debtor's financial situation and determining whether there are assets that can be seized for payment of the judgment. Objections to Questions Explanation of Hearsay (NYS Unified Court System)
U.S. Supreme Court The Court and Its Procedures (U.S. Supreme Court)
Venue (State actions) Venue determines the correct location of a court to hear a case because the subject events occurred within a certain geographical area, or because the parties to a contract agreed that venue would be in such geographical area. This is different from subject matter jurisdiction, which determines whether a court has the legal authority to hear the specific type of action. For example, a supreme court can hear a divorce, but venue determines what county supreme court to file the divorce in. Because the plaintiff/petitioner initiates the lawsuit, he/she chooses the venue. Errors in venue are easily corrected by having the case transferred to the same court in a different county either by motion or consent of the parties. Article 5 of the CPLR, §§501-513, governs venue of actions in New York State courts. Sample Order Removing Case (modify wording for change of venue)
Verification (State Court) Verification - Supreme Court (NYS Unified Court System) - modify for verifying a Complaint or an Answer.
Voir Dire Voir Dire
Workers' Compensation Workers' Compensation Law Basics (Women's Bar Association of the State of New York)