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Civil Attorney New York ResourcesCases in Civil court usually involve the settlement of money. People or businesses file a "Motion" against each other and ask for monetary awards by the court. The date the motion will be heard by the court is sometimes called the “return date,” or the date the motion is “returnable.” The party making the motion (moving party) chooses the date the motion will be heard by the court, usually 8-13 days after proper filing. Motions must be accompanied by a sworn Affidavit. There are very precise and strict guidelines for presenting and filing a motion. While it can be done without legal representation, it would be wise to hire a Civil Attorney who is familiar with the terms, forms and navigations through the system. In order to locate the civil court where your case will be heard, you can go to the central website http://www.nycourts.gov/courts/nyc/civil/addresses.html and find the locations, phone numbers to the different departments, court hours and directions. Courts are located in New York City at - There is a calendar posted outside the courtroom that lists all the cases that will be called that day. Each case has a number. You can find your case to see when you will be called.
If you cannot pay for your court costs, you can ask the court to permit you to proceed without having to pay the court costs. Your application for “poor person’s relief” is made by motion and must be supported by an affidavit which must:
1) set forth the amount and sources of your income, and list your property with its value;
2) state that you are unable to pay the costs, fees and expenses necessary to prosecute or defend the action or proceeding or to maintain or respond to the appeal; 3) indicate the nature of the action or proceeding; 4) provide sufficient facts so that the merit of your claims can be determined; 5) indicate whether any other person would benefit from any award in your case, and if so, whether that person is unable to pay such costs fees and expenses. You may obtain the affidavit from the court or you may download the civil court form now by clicking on Poor Person's Relief.
A judge will review your application and determine if you can proceed without paying. |