Title UJC, Uniform Justice 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.\n (a) CPLR rule 3211, relating to a motion to dismiss, shall apply in\nthis court, except that, with reference to subdivision (e) of said rule,\na party's time to move to dismiss a cause of action contained in a\npleading to which no response is require…

§ 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 justice court act, and may be\ncited as "UJCA".\n

§ 102. Application of UJCA.\n The jurisdiction of and practice and procedure in each court governed\nby the UJCA shall be as prescribed herein, and each such court shall be\na part of the unified court system for the state. Such court in each\nmunicipality shall have an official …

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

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

§ 105. Training and education of justices; expenses thereof;\nrequirements; restriction.\n (a) Training. No town or village justice selected for a term of office\ncommencing on or after September first, nineteen hundred sixty-seven,\nexcept one who has been admitted to practice l…

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

§ 106-a. Reducing number of justices in adjacent towns.\n 1. The town boards of two or more towns that form a contiguous\ngeographic area within the same county are hereby authorized to\nestablish a single town court to be comprised of town justices to be\nelected from each of su…

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

§ 107. Records and dockets of court.\n Each justice shall keep or cause to be kept legible and suitable\nbooks, papers, records and dockets of all civil actions and proceedings\nand all criminal actions and proceedings. The rules may prescribe their\nform, care, custody and dispo…

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

§ 110. Enforcement officers.\n Unless the rules shall otherwise provide, and subject to such\nvariations as they may provide, the enforcement officers of the court\nshall be, and shall have such powers and duties as are provided in this\nsection and § 701 of this act. Each of suc…

§ 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 paragraph (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…

§ 111. Non-judicial personnel; accounting; oath; bond.\n (a) Accounting. The accounting for and payment over of fees, including\nthose received by an enforcement officer in connection with the service\nor execution of a process or mandate of the court, shall be as provided\nby la…

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

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

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

§ 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\nstatute, rule or order. The system for impaneling jurors shall be as\nprovided by law in the particular county or municipality or, if such is\nnot provided for, as may be provided for the supr…

§ 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, the\ncourt shall have power to render any judgment that the supreme court\nmight render in a like case. The form of the judgment shall be as\nprovided in the rules. The judgment in an a…

§ 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. It shall be issued within the time prescribed by\nlaw applicable in the …

§ 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. Execution 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 must be subscribed by\neither the clerk or the attorney for the judgment-creditor and must\nbear, in addition t…

§ 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…

§ 1507. Limitation on execution against property of tenant.\n No levy shall be made on the personal property of a tenant\ndispossessed for non-payment of rent under any execution within\ntwenty-four hours of the time of dispossess, if the real property of\nwhich the tenant is bei…

§ 1701. Appeals; to what court.\n Appeals in civil causes shall be taken to the county court, unless an\nappellate term of the supreme court has been established by the\nappellate division of the department and such appellate division has\ndirected that such appeals be taken to s…

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

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

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

§ 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\…

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

§ 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 …

§ 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…

§ 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…

§ 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…

§ 1808. Judgment obtained to be res judicata in certain cases.\n A judgment obtained under this article shall not be deemed an\nadjudication of any fact at issue or found therein in any other action\nor court; except that a subsequent judgment obtained in another action\nor court…

§ 1809. Procedures relating to corporations, associations, insurers and\nassignees.\n 1. No corporation, except a municipal corporation, public benefit\ncorporation, school district or school district public library wholly or\npartially within the municipal corporate limit, no pa…