Bronx New York Amended Complaint - Medical Malpractice
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FAQ
Answering a Summons and Complaint. The time to answer the summons and complaint is either 20 or 30 days, depending on how you got the papers: 20 days - if the summons was given to you by personal (in hand) delivery. 30 days - if the summons was given to you in any other way.
Under the New York rules, a judge is not assigned to a case until one of the parties files a Request for Judicial Intervention (or "RJI") Form with the clerk.
An eligible consensual case that was commenced and continued in hard copy form may be converted to a NYSCEF case by filing a Stipulation and Consent to EFiling (found on the website) with the court. Any such conversion should be done promptly after commencement.
Generally, verified complaints are not necessary and apply only to specified situations. New York has waived governmental (sovereign) immunity and permits claims against the state. There is a no compulsory joinder of parties. Numbered paper is no longer required for New York pleadings.
Making an Order to Show Cause An Order to Show Cause consists of a top page called an Order to Show Cause (OSC), followed by an Affidavit in Support of the OSC, and copies of any documents that the moving side (movant) thinks would help the Judge make a decision.
1) RJIs Generally The fee for filing an RJI (UCS 840, revised 2012) is paid to the County Clerk via the New York State Courts Electronic Filing System (NYSCEF) in e-filed cases and to the County Clerk's cashier's office, Room 160, in paper cases. A "fillable" form RJI is available on-line.
Uncontested matrimonial actions can be e-filed at the New York State Courts Electronic Filing website: . All papers needed to obtain an uncontested divorce in New York State (uncontested divorce packet) can be found at the following website: .
Uniform Rule 202.70 (d) was amended in 2014 to provide that a party seeking assignment to the Commercial Division shall do so within 90 days following service of the complaint. Failure to apply on time precludes a party from seeking such assignment.
Log in to your account. Click on To-Do List on the Clerks Menu. Select your EDDS Court from the Court drop-down Menu and the appropriate User Group. You may use Sort By option to group all your Stipulations and Consent to E-File together. Click on Approve Document to begin to process the document.
Except when otherwise specifically required by law or rule, pleadings need not be under oath, verified or accompanied by affidavit. A pleading is verified by an affidavit that the affiant has read the pleading and that the allegations therein are true and correct of his personal knowledge or based on authentic records.
