Civil Court FAQ |
What time are the Civil
Courthouses open for business?
Where are the Civil Courthouses
located?
Can I call to get an adjournment
on my civil case?
Do I need an attorney
in the civil court?
What is the maximum amount
that I can sue for in the civil court?
How can I commence a civil
suit?
How do I serve someone
with court papers?
I have received
a civil summons from the District Court. What do I do?
Can I answer
a civil summons by mail?
Can I answer a
civil summons for my spouse?
What happens after I
answer a civil summons?
What if I am not satisfied
with the decision of the arbitrator? |
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What time are the Civil Courthouses open for business?
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- All courthouses are open Monday through
Friday from 9 a.m. to 5 p.m.
- “Night Small Claims” Court is
held on Wednesdays at 6:00 p.m. in the Ronkonkoma Courthouse.
- All business must be commenced by 4:30 p.m.
- Calendars are called at 9:30 a.m. (except
night court 6:00 p.m.)
- Civil courthouses are closed and locked
from 1 p.m. to 2 p.m.
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Where are the Civil Courthouses located?
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| Get the addresses
and telephone numbers for the District Court Civil Division
Courthouses. |
Can I call to get an adjournment on my civil case?
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No.- Adjournment requests must be in writing
and will not be considered by phone.
- All other parties should be notified of
all adjournment requests.
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Do I need an attorney in
the civil court?
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- It is recommended, but not absolutely required,
that you seek the advice of an attorney. Civil actions do
require specific knowledge of court proceedings.
- Corporations are required to have an attorney
in the civil court. It is necessary for an attorney to represent
the corporation at all stages of an action, including answering
the summons and complaint.
- It is essential that a party proceeding
without an attorney be fully versed in court procedure,
trial and evidentiary rules. Neither the court staff nor
judge may provide legal assistance at any stage of the proceedings.
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What is the maximum amount that I can sue for in the
civil court?
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| The maximum amount is $15,000 per cause
of action. |
How can I commence a civil suit?
|
- Civil actions are generally commenced by
an attorney.
- If you chose to represent yourself, you
must purchase a civil summons and complaint form that is
specifically intended for the District Court. An example
is a Blumberg form T1480 which can be purchased at a store
that sells legal stationery or from www.blumberglegalforms.com.
- After the form is completed by you, the
summons must be issued (signed) by a District Court civil
clerk. There is a filing fee. After
the summons is signed, you must arrange to have the summons
and complaint served on the defendant(s).
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How do I serve someone with court papers?
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- Service may be made by someone over the
age of eighteen who is not a party to the action.
- A professional process server may be used.
A plaintiff or defendant cannot serve papers.
- The law specifies how papers must be served,
and the methods vary depending on the type of paper that
is being served.
- Additionally, the method of service may
be directed in an order of the court. The clerk of the court
may be contacted to determine how papers may be served.
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I have received a civil summons from the District Court.
What do I do? |
| You must appear at the District
Court Clerk's office where the case is pending to
file an answer to the civil complaint.
You should do this as soon as possible, since the maximum
amount of time that you have to answer is either twenty
or thirty days depending on how you were served with the
summons. |
Can I answer a summons by mail? |
- You may file an answer by mail providing
that the answer is notarized and served on the plaintiff's
attorney.
- If you do not answer, the plaintiff may
file a default judgment against you.
- If you are a corporation, you must answer
through an attorney.
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Can I answer a summons for my spouse?
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Can I file a counterclaim?
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| The defendant may include a counterclaim with
the answer. There is no fee for this kind of counterclaim (but
there is a fee for a Small
Claims Counterclaim). |
What happens after I answer a summons?
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- If both the plaintiff (the person starting
the law suit) and the defendant (the person sued) are represented
by an attorney, a Notice of Trial with the proper fee must
be received before a case can proceed to trial or to compulsory
arbitration.
- If either side is self represented, the
matter will immediately be scheduled for a pre-trial conference,
before a judge, if the Cause of Action is greater than $6,000.
If the Cause of Action is $6,000 or less, the matter will
be referred to compulsory arbitration.
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What if I am not satisfied with the decision of the
arbitrator?
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- Any party who is not in default may request
a trial de novo within
35 days of the mailing of the arbitrator's decision.
- A demand for a new trial must be filed timely
with the clerk, with the proper fee.
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Suffolk
Courts
