Civil Actions
If a case does not fall within the jurisdiction of small claims court or summary proceedings, then you may be able to bring a civil action in the city court.
It is recommended that a plaintiff seek the advice of counsel in filing a civil action. Please note that the court cannot provide legal assistance.
Monetary Jurisdiction
(Uniform City Court Act, sec. 202):
The Court shall have jurisdiction of actions and proceedings for the recovery of money or personal property where the amount sought to be recovered or the value of the property does not exceed $15,000, exclusive of interest and costs.
Counterclaims filed in response to a Summons and Complaint do not have a monetary limit.
Geographic Jurisdiction:
To bring a civil action in the City Court, EITHER the plaintiff or the defendant must:
- be a resident of the City or be a resident of a town contiguous to the City; or
- have regular employment within the City; or
- a business within the City.
A suit is commenced in the City Court upon service of a summons and complaint upon a defendant and the timely filing of the summons and complaint with the Court with the appropriate court fee.
If, after all discovery and depositions have been completed, a civil action is to proceed to trial, a trial note of issue must be filed for either a non-jury or jury trial (fees).
If a Civil Action is decided by a City Court Judge and the parties are not satisfied with the decision of the Judge they may file an Appeal to County Court.
Subpoenas
How to Subpoena a Witness or Documents
How to Subpoena Documents or Records
If you require an individual to produce a record or document necessary for your case, you may apply to the Clerk of the Court for a Subpoena Duces Tecum. This document, once signed by the Court, will direct someone to produce a bill, receipt or other document in his/her possession or under his/her control.
Either party in a case may apply for a subpoena for records up to 48 hours before the scheduled trial date. The Application for Subpoena is available on this web site or from the Clerk of the City Court.
Service of a subpoena for records may be done by any person (including a friend or relative) who is 18 years of age or older. A party to this action can NOT serve a subpoena. The person who serves the subpoena must complete an Affidavit of Service and file it with the Court.