Title UDC, Uniform District Court

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

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

§ 1003. Motion to correct pleadings. Rule 3024 of the CPLR shall apply to motions to correct formal pleadings in this court, except that the notice of motion shall be served within the time allowed for responding to the challenged pleading or, in the case of a pleading requiring …

§ 1004. CPLR § 3213 applicable; return time varied. CPLR § 3213, relating to a motion for summary judgment in lieu of complaint, shall be applicable in this court, except that the minimum period for return of the motion shall be as provided by § 402 of this act for answering a su…

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

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

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

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

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

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

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

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

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

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

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

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

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

§ 1306. Jury terms. Jury terms shall be held as may from time to time be directed by rule or order. All provisions of law applicable to local jurors in supreme court, insofar as such provisions are not inconsistent with this act, shall apply as nearly as may be in this court.

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

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

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

§ 1403. Confession of judgment. The provisions of CPLR § 3218, relating to judgment by confession, shall be applicable in this court where the relief for which the judgment is confessed is within the jurisdiction of this court, provided, with reference to paragraph one of subdivi…

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

§ 1502. Transcript of judgment. (a) Upon application of a judgment-creditor the clerk must deliver to him a transcript of the judgment. If the judgment is for other than money only, the clerk shall insert in the transcript a brief statement of the nature of the action and the rel…

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

§ 1504. Executions issued out of this court; requisites. An execution issued out of this court may be levied only against personal property of the judgment-debtor. It shall be directed to the court's enforcement officer. It must be subscribed by either the clerk of the court in t…

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

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

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

§ 1508. Enforcement proceeding; injunction; receivership. (a) An injunction or restraining order or notice may issue out of or by, and a receiver may be appointed by, the court if: 1. the court has been granted jurisdiction of an enforcement proceeding by CPLR § 5221; and 2. such…

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

§ 1701. Appeals; to what court. Appeals in civil causes shall be taken from the district court to the county court, unless an appellate term of the supreme court has been established by the appellate division of the department and such appellate division has directed that such ap…

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

§ 1703. Appeals; practice and procedure in general. (a) Practice and procedure on appeals shall be as provided in article 55 of the CPLR except insofar as this act or the rules of this court consistent with this act otherwise provide. (b) An appeal as of right from a judgment ent…

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

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

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

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

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

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

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

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

§ 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. The court shall conduct hearings upon small claims in such manner as to do substantial justice between the parties according to the rules of substantive law and shall not be bound by statutory provisions or rules of pract…

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

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

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

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

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

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