Ulster County Small Claims Court
What about a jury trial for a small claims court case in Ulster County?
Only a defendant can make the request for a jury trial. The demand must be made prior to the hearing. (The reason a plaintiff cannot demand a jury trial is because if the plaintiff files the case in small claims court the court deems the plaintiff consenting to have factual issues determined by the judge and not a jury, otherwise the case would be filed in the regular civil part). The defendant must file an affidavit stating the issues of fact the jury is to decide. The judge will then decide whether the case will remain in small claims court or be transferred to the regular civil part. If the case remains in regular small claims court, six jurors are used to hear the case.
What are the fancy terms used in these cases?
A party is a person (or entity) on either side of the “v.” (plaintiff and defendant are each parties to the case). A “plaintiff” or “claimant” is the party who brings or initiates the action in Small Claims Court. A “defendant” is the party that is being sued. In certain cases, a third party (ie. not the plaintiff or defendant) is brought into a case (usually by a defendant who feels the third party is partly responsible for the damage to plaintiff). A defendant who is interested in filing a third party action should contact the clerk of the local court for the property procedures and filing fees.
Small Claims Court Appeals for Ulster County Cases
The window for filing an appeal is thirty days from the judgment (or thirty-five if you received the judgment in the mail). Appeals require additional fees to be filed. You must also determine if a transcript needs to be ordered. The small claims court clerk has specific information regarding fees associated with appeals. Remember, an appellate court will only overturn a judgment if the ruling is “clearly erroneous.” Some people find it useful to consult with an attorney before deciding whether to file an appeal.
Do I have to hire an attorney?
In small claims court cases heard in the village or town courts, you are not required to hire an attorney. The procedures and rules for small claims court are actually designed to be simple and informal so that a party does not have to hire an attorney and should be able to represent themselves. A plaintiff or defendant can choose to hire an attorney if he or she chooses. If attorneys are representing parties on both sides of the v, (plaintiff and defendant), the court may transfer the case to the regular civil part.
Mediation of Small Claims Court Cases in Ulster County
Mediation is an attempt to settle your case without a trial. It is a consifential way to resolve the case. Mediation involved a person acting as a mediator who will try and bring opposing parties to an agreement that all the parties can agree to. In Ulster County, mediation services are provided by: