The rules of procedure that should be followed by district courts in all actions in New York are found in the New York Uniform Civil Rules for District Courts and Uniform District Court Act The rules are promulgated for the smooth and efficient functioning of the courts. An action commences by filing a summons and complaint. The party who commences the action by filing the first paper should obtain an index number from the court and inform all other parties in the action. The first paper should indicate the county of venue and a short description of nature of the paper. When a summons is served it should also indicate the name of parties and the district and location of court where the action is brought.
Pleadings in New York district court consist of complaint and answer to complain. Pleadings will also include a reply when ordered by court or on motion. Formal pleadings should be filed in following actions for money:
- those in which property is held under a levy pursuant to an order of attachment;
- upon an agreement of guaranty, surety or indemnification;
- upon an insurance policy;
- for a penalty of forfeiture;
- for a commission;
- for fraud and deceit;
- for malicious prosecution;
- for false imprisonment;
- for libel or slander;
- for malpractice;
- for assault;
- for conspiracy; and
- on any other cause of action where the amount claimed is more than $ 1,500.
Any party in the case can demand for a trial by jury. Judgments are rendered by the court; however judgment is be prepared by the attorney of a successful party. In the absence of an attorney for the successful party the clerk will prepare the judgment. If the successful party’s attorney failed to prepare the judgment within 30 days of being rendered, the unsuccessful party’s attorney gets to prepare the judgment. In the absence of the unsuccessful party’s attorney, the clerk will prepare the judgment.
