Title UJC, Uniform Justice 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. (a) 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 sha…

§ 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 justice court act, and may be cited as "UJCA".

§ 102. Application of UJCA. The jurisdiction of and practice and procedure in each court governed by the UJCA shall be as prescribed herein, and each such court shall be a part of the unified court system for the state. Such court in each municipality shall have an official seal …

§ 103. Titles of justices; incidental powers. The title of each justice of: a. a town court shall be "Town Justice"; b. a village court shall be "Village Justice"; and c. a court established in and for a city and governed by this act shall be "City Justice". In addition to such j…

§ 104. Bond and oath of justice. Upon assuming office, each justice shall file with the county clerk his oath of office and a bond in an amount fixed by the municipal board and conditioned for the faithful performance of his duties. Additional copies of the oath shall be filed wi…

§ 105. Training and education of justices; expenses thereof; requirements; restriction. (a) Training. No town or village justice selected for a term of office commencing on or after September first, nineteen hundred sixty-seven, except one who has been admitted to practice law in…

§ 106. Holding of court; place of holding; assignment of justices. Each court shall exercise its jurisdiction, civil or criminal, whenever it is invoked. 1. A justice may hold court anywhere in the municipality including in the case of a town justice anywhere within a village who…

§ 106-a. Reducing number of justices in adjacent towns. 1. The town boards of two or more towns that form a contiguous geographic area within the same county are hereby authorized to establish a single town court to be comprised of town justices to be elected from each of such to…

§ 106-b. Election of one or more town justices for two or more towns. 1. Two or more towns within the same county, acting by and through their town boards, are authorized to jointly undertake a study relating to the election of one or more town justices who shall preside in the t…

§ 107. Records and dockets of court. Each justice shall keep or cause to be kept legible and suitable books, papers, records and dockets of all civil actions and proceedings and all criminal actions and proceedings. The rules may prescribe their form, care, custody and dispositio…

§ 109. Non-judicial personnel; their powers and duties. Each court shall have such non-judicial personnel as may be provided by the municipal board. Their powers and duties in addition to those provided by this act, shall be as provided in the rules. All non-judicial personnel of…

§ 110. Enforcement officers. Unless the rules shall otherwise provide, and subject to such variations as they may provide, the enforcement officers of the court shall be, and shall have such powers and duties as are provided in this section and § 701 of this act. Each of such off…

§ 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 paragraph (b). (b) Parties and non-parties. All notices, orders…

§ 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…

§ 111. Non-judicial personnel; accounting; oath; bond. (a) Accounting. The accounting for and payment over of fees, including those received by an enforcement officer in connection with the service or execution of a process or mandate of the court, shall be as provided by law app…

§ 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. If such subpoena is for purposes of the trial itself, the court, upon motion of a …

§ 1301. Setting date for trial. (a) If the defendant appears before the clerk to answer in person, the court at that time shall set a date for trial not less than ten nor more than thirty days thereafter, and shall immediately give notice by mail of such trial date to all other p…

§ 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 trials; how obtained; jury fee. (a) If the defendant appears before the clerk to answer in person, he shall demand a jury trial, if desired, at that time. If he does not do so, any other party may demand trial by jury by mailing such a demand to the clerk and all oth…

§ 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 statute, rule or order. The system for impaneling jurors shall be as provided by law in the particular county or municipality or, if such is not provided for, as may be provided for the supreme c…

§ 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, the court shall have power to render any judgment that the supreme court might render in a like case. The form of the judgment shall be as provided in the rules. The judgment in an action…

§ 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. It shall be issued within the time prescribed by law applicable in the supre…

§ 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. Execution 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 must be subscribed by either the clerk or the attorney for the judgment-creditor and must bear, in addition to suc…

§ 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…

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

§ 1701. Appeals; to what court. Appeals in civil causes shall be taken 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 appeals be taken to such t…

§ 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) 1. When an appeal has been taken, the stenographer's original transcript of minutes, if such minutes were taken, must be furnished to the clerk within ten days after the fees therefor have been paid. If testimony was given but …

§ 1705. Printing; record and briefs. The printing of neither the record nor the briefs shall be required.

§ 1706. Appeals from appellate court. Appeals from the judgment or order of an appelate 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 three thousand dollars exclusive of interest and costs, provided that the defendant either resides, or has an offi…

§ 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 …

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

§ 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…

§ 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…

§ 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…

§ 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…

§ 1808. Judgment obtained to be res judicata in certain cases. A judgment obtained under this article shall not be deemed an adjudication of any fact at issue or found therein in any other action or court; except that a subsequent judgment obtained in another action or court invo…

§ 1809. Procedures relating to corporations, associations, insurers and assignees. 1. No corporation, except a municipal corporation, public benefit corporation, school district or school district public library wholly or partially within the municipal corporate limit, no partner…