Title UDC, Uniform District Court

§ 1001. Motion practice.\n Motion practice in the court, including time provisions for the making\nand decision of motions, practice relating to show cause orders, and\npractice relating to motions before, during and after trial, shall be\ngoverned by the CPLR, except as this act…

§ 1002. Motion to dismiss. CPLR rule 3211, relating to a motion to\ndismiss, shall apply in this court, except that, with reference to\nsubdivision (e) of said rule, a party's time to move to dismiss a cause\nof action contained in a pleading to which no response is required sha…

§ 1003. Motion to correct pleadings.\n Rule 3024 of the CPLR shall apply to motions to correct formal\npleadings in this court, except that the notice of motion shall be\nserved within the time allowed for responding to the challenged pleading\nor, in the case of a pleading requi…

§ 1004. CPLR § 3213 applicable; return time varied.\n CPLR § 3213, relating to a motion for summary judgment in lieu of\ncomplaint, shall be applicable in this court, except that the minimum\nperiod for return of the motion shall be as provided by § 402 of this\nact for answering…

Section 101. Short title.\n This act shall be known as the uniform district court act, and may be\ncited as "UDCA".\n

§ 102. Application of UDCA; court of record; seal. The jurisdiction of\nand practice and procedure in each district court governed by the UDCA\nshall be as prescribed herein, and such court shall be a court of record\nand a part of the unified court system for the state. Such cou…

§ 103. Judges.\n (a) In each judicial district there shall be elected such number of\njudges as may be provided by law.\n (b) The judges of the court shall be elected for a term of six years\nfrom and including the first day of January following such election.\n (c) No person, ot…

§ 105. Powers and duties of non-judicial personnel.\n (a) Clerks. The chief clerk and such other non-judicial personnel as\nshall be authorized by rule or order shall each have the power to\nadminister oaths, take acknowledgments and sign the process or mandate\nof the court.\n (…

§ 106. Non-judicial personnel; compensation; oath; bond.\n The compensation of non-judicial employees shall be fixed within the\namounts provided by law.\n The court's enforcement officer shall account for and pay over to the\ncounty treasurer any fees which he receives upon or i…

§ 1101. Disclosure.\n (a) CPLR applicable. The procedures set forth in the CPLR relative to\ndisclosure, bill of particulars and the procuring of a copy of the items\nof an account, shall govern in this court, subject to subdivision (b).\n (b) Parties and non-parties. All notices…

§ 1102. Implied admissions.\n The following provisions governing matters deemed admitted and the\nimposition of additional costs for unreasonable denials shall be\napplicable in this court.\n (a) Ownership, operation or control of:\n 1. Vehicle. In an action for negligence arisin…

§ 1201. Subpoenas.\n A subpoena and a subpoena duces tecum, and the powers of the court\nwith reference to them, shall be governed by the CPLR, except that they\nshall be served only within the county or in a county adjoining the\ncounty in which the action is pending or within t…

§ 1301. How cause brought on for trial; notice of trial.\n Upon joinder of issue the clerk shall place the case upon a general\ncalendar. Where any party appears in person, the clerk shall fix a date\nfor trial not less than fifteen nor more than thirty days after joinder\nof iss…

§ 1302. Adjournment of trial.\n The trial of an action may be adjourned:\n (a) By the court for good cause shown and upon such terms and\nconditions as the court may deem just.\n (b) By stipulation of the parties with the approval of the court, such\nstipulation to be filed with …

§ 1303. Jury trial; how obtained; jury fee.\n (a) Either party after joinder of issue may demand a trial by jury.\nThe demand must be made in writing and must be filed with the clerk with\nthe notice of trial set forth in § 1301. Any other party to the action\nwithin ten days aft…

§ 1304. Time for rendering judgment or decision.\n If a jury trial is not demanded or directed as provided in § 1303, the\ncourt must render judgment within thirty days from the time when the\ncase is submitted for that purpose, except when further time is given by\nthe consent o…

§ 1305. Number of jurymen.\n A jury shall be composed of six persons.\n

§ 1306. Jury terms.\n Jury terms shall be held as may from time to time be directed by rule\nor order. All provisions of law applicable to local jurors in supreme\ncourt, insofar as such provisions are not inconsistent with this act,\nshall apply as nearly as may be in this court…

§ 1307. Jurors; challenges.\n Challenges to jurors shall be as provided in the CPLR.\n

§ 1401. Judgments; in general.\n Within the limits of its jurisdiction as defined in this act or as\nelsewhere provided by law, the court shall have power to render any\njudgment that the supreme court might render in a like case. The\njudgment shall be prepared by the attorney f…

§ 1402. Default judgment.\n A judgment by default may be entered as provided in CPLR § 3215. A\nsummons stating the amount for which the plaintiff will take judgment if\nthe defendant fails to appear and answer, and containing a statement of\nthe nature and substance of the cause…

§ 1403. Confession of judgment.\n The provisions of CPLR § 3218, relating to judgment by confession,\nshall be applicable in this court where the relief for which the\njudgment is confessed is within the jurisdiction of this court,\nprovided, with reference to paragraph one of su…

§ 1501. Execution; when and how issued.\n An execution, including an income execution, upon a judgment may be\nissued by the judgment-creditor's attorney or, if he does not appear by\nattorney, by the clerk of the court in the district where the judgment\nwas entered. It shall be…

§ 1502. Transcript of judgment.\n (a) Upon application of a judgment-creditor the clerk must deliver to\nhim a transcript of the judgment. If the judgment is for other than\nmoney only, the clerk shall insert in the transcript a brief statement\nof the nature of the action and th…

§ 1503. Execution against enforcement officer.\n (a) Execution on a judgment against an enforcement officer other than\na sheriff shall issue only to the sheriff after transcript filed with\nthe county clerk and must be made returnable to said clerk.\n (b) Execution on a judgment…

§ 1504. Executions issued out of this court; requisites.\n An execution issued out of this court may be levied only against\npersonal property of the judgment-debtor. It shall be directed to the\ncourt's enforcement officer. It must be subscribed by either the clerk\nof the court…

§ 1505. Execution to be levied against real property.\n An execution out of this court may not be levied against real\nproperty. In order for an execution on a judgment of this court to be\nlevied against real property, a transcript of such judgment must be\nfiled with the county…

§ 1506. Execution where order of attachment issued.\n Where the real property of the judgment-debtor has been duly attached\nunder an order of attachment that has not been vacated, the execution\nmay not issue out of this court. In such a case, a transcript of the\njudgment must …

§ 1507. Limitation on execution against property of tenant.\n No levy shall be made on the property of a tenant dispossessed for\nnon-payment of rent under any execution within twenty-four hours of the\ntime of dispossess, if the property of which the tenant is being\ndispossesse…

§ 1508. Enforcement proceeding; injunction; receivership.\n (a) An injunction or restraining order or notice may issue out of or\nby, and a receiver may be appointed by, the court if:\n 1. the court has been granted jurisdiction of an enforcement\nproceeding by CPLR § 5221; and\n…

§ 1509. Contempt; extension of court's process.\n In an instance where a contempt of the court has been committed, the\ncourt's process or mandate relating to the punishment of the\ncontemptuous person may be served and executed in any part of the state,\nand proceedings thereon …

§ 1701. Appeals; to what court.\n Appeals in civil causes shall be taken from the district court to the\ncounty court, unless an appellate term of the supreme court has been\nestablished by the appellate division of the department and such\nappellate division has directed that su…

§ 1702. Appeals; judgments and orders appealable.\n (a) Appeals as of right. An appeal may be taken as of right:\n 1. from any final or interlocutory judgment except one entered\nsubsequent to an order of an appellate court which disposes of all the\nissues in the action; or\n 2.…

§ 1703. Appeals; practice and procedure in general.\n (a) Practice and procedure on appeals shall be as provided in article\n55 of the CPLR except insofar as this act or the rules of this court\nconsistent with this act otherwise provide.\n (b) An appeal as of right from a judgme…

§ 1704. Settlement of case and return on appeal.\n (a) When an appeal has been taken, the stenographer's original\ntranscript of minutes must be furnished to the clerk within ten days\nafter the fees therefor have been paid. Immediately upon receiving such\nminutes the clerk shal…

§ 1705. Printing; record and briefs.\n The printing of neither the record nor the briefs shall be required\nexcept as the rules of the court to which the appeal is taken shall\nprovide in designated classes of appeals.\n

§ 1706. Appeals from appellate court.\n Appeals from the judgment or order of an appellate court, on appeal\nfrom this court, shall be governed by the CPLR.\n

§ 1801. Small claims defined.\n The term "small claim" or "small claims" as used in this act shall\nmean and include any cause of action for money only not in excess of\nfive thousand dollars exclusive of interest and costs, or any action\ncommenced by a party aggrieved by an arb…

§ 1801-A. Commercial claims defined.\n (a) The term "commercial claim" or "commercial claims" as used in this\nact shall mean and include any cause of action for money only not in\nexcess of the maximum amount permitted for a small claim in the small\nclaims part of the court, ex…

§ 1802. Parts for the determination of small claims established.\n The chief administrator shall assign the times and places for holding,\nand the judges who shall hold, one or more parts of the court for the\nhearing of small claims as herein defined, and the rules may regulate\…

§ 1802-A. Parts for the determination of commercial claims established.\n The chief administrator shall assign the times and places for holding,\nand the judges who shall hold, one or more parts of the court for the\nhearing of commercial claims as herein defined, and the rules m…

§ 1803. Commencement of action upon small claim.\n (a) Small claims shall be commenced upon the payment by the claimant\nof a filing fee of fifteen dollars for claims in the amount of one\nthousand dollars or less and twenty dollars for claims in the amount of\nmore than one tho…

§ 1803-A. Commencement of action upon commercial claims.\n (a) Commercial claims other than claims arising out of consumer\ntransactions shall be commenced upon the payment by the claimant of a\nfiling fee of twenty-five dollars and the cost of mailings as herein\nprovided, witho…

§ 1804. Informal and simplified procedure on small claims.\n The court shall conduct hearings upon small claims in such manner as\nto do substantial justice between the parties according to the rules of\nsubstantive law and shall not be bound by statutory provisions or rules\nof …

§ 1804-A. Informal and simplified procedure on commercial claims.\n The court shall conduct hearings upon commercial claims in such manner\nas to do substantial justice between the parties according to the rules\nof substantive law and shall not be bound by statutory provisions o…

§ 1805. Remedies available; transfer of small claims.\n (a) Upon determination of a small claim, the court shall direct\njudgment in accordance with its findings, and, when necessary to do\nsubstantial justice between the parties, may condition the entry of\njudgment upon such te…

§ 1805-A. Remedies available; transfer of commercial claims.\n (a) Upon determination of a commercial claim, the court shall direct\njudgment in accordance with its findings, and, when necessary to do\nsubstantial justice between the parties, may condition the entry of\njudgment …

§ 1806. Trial by jury; how obtained; discretionary costs.\n A person commencing an action upon a small claim under this article\nshall be deemed to have waived a trial by jury, but if said action shall\nbe removed to a regular part of the court, the plaintiff shall have the\nsame…

§ 1806-A. Trial by jury; how obtained; discretionary costs.\n A claimant commencing an action upon a commercial claim under this\narticle shall be deemed to have waived a trial by jury, but if said\naction shall be removed to a regular part of the court, the claimant\nshall have …

§ 1807. Review.\n A person commencing an action upon a small claim under this article\nshall be deemed to have waived all right to appeal, except that either\nparty may appeal on the sole grounds that substantial justice has not\nbeen done between the parties according to the rul…