| New York County
Only
Arbitration in New York County Civil Court is a process in
which a Judicial Hearing Officer
decides a dispute instead of a trial before a Civil Court
Judge. Once the arbitration process is complete, a dissatisfied
party may request a trial before a Civil Court Judge.
The arbitration program is in effect in New York County only
at this time. The arbitration program works as follows:
If your case is for $10,000 or less and the claim is
for money only, the case will be handled by the arbitration
program. When the defendant answers the Clerk will set a date
for a pre-arbitration conference. Both sides will be notified
by mail as to the scheduled date, time and place. All parties
must appear before the Judicial Hearing Officer, who will
attempt to settle the case.
Bring any documents that you have to the pre-arbitration
conference. However, you do not need to bring any witnesses
since this will only be a conference to determine the possibility
of a settlement or the necessity for a trial. If the case
is not settled, or otherwise disposed of, the parties will
select a date for arbitration and will be told the time and
place of the Arbitration hearing.
On the day of the Arbitration hearing, be sure to bring with
you any witnesses and all papers and other evidence you wish
to present to the arbitrator in order to prove your case.
Proof of services or repairs for $2,000 or less may be made
by an itemized bill containing a Certified
Statement, from an authorized employee of the firm used,
stating that the amounts charged are the usual and customary
charges therefor; that it has been paid; and that no part
of the payment received will be refunded. A copy of the itemized
bill which has been Certified, and notice of intent to place
it into evidence at the hearing, must be served at least 10
days before the hearing. This may be done by mail.
If, after you have had a hearing, you are dissatisfied with
the outcome, you may file a request for a new trial before
a Civil Court Judge within 30
days of the date of the entry of the arbitrator's decision
(35 days if notified by mail). A request for a new trial after
arbitration is known as a “trial de novo.” The
request must be served on the other side, then filed along
with an affidavit of service and payment of a $75.00 fee.
If you wish to request a jury trial, an additional fee of
$75.00 is required. You may download the request form for
free by clicking on Trial
De Novo, or you may obtain a form from the clerk or use
your own form. To find out where the cashier is located, click
on Locations. If you are
unable to afford to pay, you may be entitled to Poor
Person’s Relief.
Once you have filed the request for a trial de novo, the
court will set a date for trial and advise all parties.
If there is a decision in your favor after Arbitration, see
the Judgment Clerk for entry of a judgment on your behalf.
To learn where to find the Judgment Clerk, click on Locations.
Allow 10 days for processing of papers prior to requesting
a judgment.
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