Civil Court FAQ

• plain and concise statements in consecutively numbered paragraphs, particularizing transactions and/or occurrences intended to be proved and separately stating each cause of action.
• "Wherefore clause" demanding relief on at least one cause of action.
• Verification by the plaintiff that the contents of the complaint are true.

Remember:

• $15,000.00 monetary jurisdiction for each cause of action in the complaint. Splitting a single cause of action is not acceptable.
• Georgraphic jurisdiction is limited to the 5 west towns of Suffolk County: Babylon, Huntington, Smithtown, Islip, Brookhaven.

How do I serve someone with court papers?

• Service may be made by someone over the age of eighteen who is not a party to the action.
• A professional process server may be used. A plaintiff or defendant cannot serve papers.
• The law specifies how papers must be served, and the methods vary depending on the type of paper that is being served.
• The method of service may be directed in an order of the court.
• The court clerk may be contacted to determine how papers may be served, but your attorney is the best person to ask, and is the only person who can legally advise you.

I have received a civil summons from the District Court. What do I do?

You must appear at the District Court Clerk's office where the case is pending to file an answer to the civil complaint. You should do this as soon as possible, since the maximum amount of time that you have to answer is either twenty or thirty days depending on how you were served with the summons. You should seek out legal advice from an attorney.

Can I answer a summons by mail?

• You may file an answer by mail. Your answer should be notarized and served on the plaintiff's attorney.
• If you do not answer, the plaintiff may file a default judgment against you.
• If you are a corporation, you must answer through an attorney.

Can I answer a summons for my spouse?

• Only an attorney may represent someone other than him or herself in civil court.
• Your spouse may answer by mail. (See the question directly above)

Can I file a counterclaim?

The defendant may include a counterclaim with the answer. There is no fee for this kind of counterclaim (but there is a fee for a Small Claims Counterclaim).

What happens after I answer a summons?

• If all parties are represented by an attorney, a Notice of Trial with the proper fee must be received before a case can proceed to trial or to compulsory arbitration.
• If any party is self represented,
  • if any Cause of Action is greater than $6,000 the matter will be scheduled for a pre-trial conference
  • If no Cause of Action is greater than $6,000 the matter will be referred to arbitration.

What if I am not satisfied with the decision of the arbitrator?

• Any party who is not in default may request a trial de novo within 35 days of the mailing of the arbitrator's decision.
• A demand for a new trial must be filed timely with the clerk, with the proper fee.

How do I get a verbatim transcript of a court proceeding?

(A verbatim transcript is a printed version of everything said at a court proceeding. A clerk's transcript of judgment is a court form, usually filed with the county clerk to collect money from a person).

When requesting a verbatim transcript, you should have the

• name of the case,
• case number,
• location of the proceeding, and
• date of the proceeding,
• and time stamp or meter reading of the proceeding (if a digital recording machine was used).

Most court proceedings are recorded either by a Court Reporter sitting in the courtroom writing down what is said in the courtroom or by a digital recording machine.

To have a transcript produced of a District Court proceeding which was recorded by a Court Reporter:

• tell the reporter at the proceeding that you need a transcript, or
• call the court reporters office (631) 208-5695, or
• fax your request to the court reporters office (631) 853-7854 .

To have a transcript produced of an electronically recorded court proceeding, you may contact one of the transcription services listed on the list of Electronic Recording Transcription Services. This list of transcription services may also be found at courthouse public information windows.

These services are not employees of the Unified Court System, they are independent contractors and establish their own rates - price per page varies. They will either take the required information and contact the Court, or ask you to contact the court and arrange to have the recording sent to the contractor.

If you have any questions regarding a verbatim transcript from a Suffolk County District Court matter, contact the Supervising Court Reporter, (631) 208-5695.