reesa97 Posted April 4, 2011 Report Share Posted April 4, 2011 Hi everyone! My mother recently got a summons/complaint to answer in Supreme Court in upstate NY. She filed her answer within the time allowed and is now just waiting. I thought the court would set a court date after she filed her answer but the court clerk says no, that the JDB attorney will contact my mother and let her know what happens next??? I thought maybe my Mom just misunderstood but I called and the clerk and she said it's up to the JDB now if they want to proceed? I'm confused! What happens next? Any help would be appreciated! Thank You! Reesa Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted April 4, 2011 Report Share Posted April 4, 2011 Clerk is correct. Attorney for JDB is going to purchase an request for judicial intervention and either set down a motion or request a preliminary conference. Your mom will be mailed the RJI so she is aware of what's going on. Link to comment Share on other sites More sharing options...
reesa97 Posted April 4, 2011 Author Report Share Posted April 4, 2011 Thank you so much! Do they have a time limit they need to file by (to file a request for judicial intervention or motion)? Link to comment Share on other sites More sharing options...
reesa97 Posted April 4, 2011 Author Report Share Posted April 4, 2011 I think I found the answer...they only have a time limit on divorce and special proceedings? Is that right?It was making me nervous, when my husband filed an answer in civil court, within a few days we got notice of a court date in the mail. Thank you so much again, I feel much better now! Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted April 4, 2011 Report Share Posted April 4, 2011 Not a time limit that I know of, i've seen a case sit like this for a long as 8 months before an RJI was filed. I've also seen an RJI filed like 2 weeks after an answer was served. It depends on the plaintiff. Link to comment Share on other sites More sharing options...
reesa97 Posted April 4, 2011 Author Report Share Posted April 4, 2011 Thanks again, I appreciate all your help! Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted April 4, 2011 Report Share Posted April 4, 2011 did a little more research, there is no time limit on this type of casehttp://www.nycourts.gov/rules/trialcourts/202.shtmllook at rule 202.6 Link to comment Share on other sites More sharing options...
reesa97 Posted April 4, 2011 Author Report Share Posted April 4, 2011 That kind of stinks that it can go on forever...but I'm glad that she will get notification from the court on when to appear. I was worried that something was going to be scheduled and she wouldn't know about it and then get a default judgement against her. Link to comment Share on other sites More sharing options...
reesa97 Posted April 4, 2011 Author Report Share Posted April 4, 2011 I'm curious, when looking through past court records involving the same JDB in the same County my Mom lives in it seems they always file in Supreme Court. I thought it had to be $25,000 or more for Supreme court? All the cases are under $10,000 most of them under $5,000?http://www.nycourts.gov/courthelp/CivilProb.htmlSupreme court is very intimidating! Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted April 4, 2011 Report Share Posted April 4, 2011 Supreme Court can handle every single case in the County. It is true, that cases over 15k or 25k (depending where you live) can only be heard in the Supreme Court, because lower Courts have jurisdictional limits. But cases with lower amounts are allowed to be heard there too. The problem about Supreme Court is that it is much more expensive. $210 to purchase an index number as opposed to $45. Link to comment Share on other sites More sharing options...
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