DOCUMENT PREPARATION -
Supreme & Civil Court Forms:
Summons & Complaint - To commence a proceeding in most venues an the individual commencing the action (plaintiff/petitioner)must file an initial pleading. The Summons specifies the county, date, location and the parties to the action, it puts all parties on notice that an action has been commenced. The complaint details the allegations which serve as the basis for the suit being brought to court. The complaint should be as detailed and accurate as possible.
Answer - The opposing party (defendant/respondent) may respond to the allegations in the complaint by filing an Answer (if Civil Court matter, the answer must be filed in Court). An answer may include Crossclaim or Counterclaim (against the Plaintiff or other Defendant, respectively) and defenses to the claims made in the complaint.
Request for Judicial Intervention - In New York, this form is required in Supreme Court (and in some other courts depending on the venue) when the commenced action requires further court intervention. Some cases are resolved shortly after each party provides their pleading. When that is not the case, this application informs the court that the parties will need the Court’s (or a Judge’s) involvement in the action.
Motion or Order to Show Cause - An action that requires specific relief from the Court, while the matter is pending, is done by filing a motion or if there is emergency relief needed, an Order to Show Cause. This application must specifically state which interim relief the party is requesting. An Request for Judicial Intervention must accompany Motions or Order to Show Causes.
Opposition or Reply - After one party makes a request to the court for the interim relief (by Motion or Order to Show Cause), the other party (or any party to the action) may respond by filing an Opposition or Reply. This is the opportunity for any other party to defend or explain why the relief should or should not be granted.
Stipulation of Settlement or Discontinuance - When the parties have come to an agreement settling the case, it is reduced to writing and filed in court. If the agreement resolves the entire matter, then a Stipulation of Discontinuance needs to be filed with the court.
Note of Issue - If the action has not settled and will proceed to trial, the court requires that the party that started the action assert that all the preliminary issues (i.e. the exchange of all pertinent information) has been completed and that the case is ready for trial.
Family Court:
Petition for Child Support - The custodial parent or legal guardian, may file a petition for support of a minor child(ren) until the age of twenty-one (21), in the venue in which the child resides. Support is determined by the income of both parties and will be calculated using the Child Support Standards Act (“CSSA”) guidelines. Some add-ons may be included, such as daycare expenses, school tuition and medical expenses.
Petition for Modification of Support - Any party may request a modification of an Order of Support, based on change in circumstances. Change in circumstances will be determined by the legitimacy of the facts either party presents to the Support Magistrate. Some additional expenses or change in income, of both parties, may be considered.
Petition for Custody or Visitation - Either party may petition for custody where legal custody has not been determined by the court. A non-custodial parent may petition the court for custody or to visit their child, regardless of whether the parties are married, separated or never lived together. Visitation and custody will be determined using “the best interest of the child” standard.
Petition for Modification of Custody or Visitation - At any time either party may petition the court to modify an Order of Custody or Visitation ( or Temporary Order of Custody or Visitation), based on change in circumstances. The standard used is “the best interest of the child”.
Petition for Violation - If either party violates a court order, the other party may request the court to modify that order, or impose any other remedy that are within the court’s power (depending on the nature and extent of the violation).
Guardianship - An individual (over the age of eighteen and either a legal resident or citizen) may request that they be appointed the legal guardian of a minor child, where the child’s parent is physically or mentally is unable to. The legal guardian is empowered to act on behalf of the child as if he/she were the child’s actual parent.
Petition for Name Change - A parent may petition the court to change the name of a minor child (up to age eighteen ), between 18-21 years the individual must petition the court him/herself. After 21 years of age, the individual must go to Civil or Supreme Court. A parent may change their child’s name once paternity is established. There must be is no intent to defraud or interfere with others when seeking a name change.
Petition for Paternity - Any parent may petition the court to establish the biological father of a minor child. If the child’s birth certificate names the father or the parties were married at the time of conception, paternity is established or presumed. Where there is already an Acknowledgement of Paternity or Order of Filiation then Paternity petition is not necessary.
Housing Court:
Petition for Nonpayment/”Dispossess” - A landlord may petition the court to evict a tenant when the tenant fails to pay rent after a demand is made.
Petition for Holdover - A holdover case is brought to evict a tenant or a person in the apartment who is not a tenant for reasons other than simple nonpayment of rent. A holdover case is much more complicated than a nonpayment case. A holdover proceeding can have many variations. It may be brought if the tenant has violated a lease provision, illegally put others in the apartment, has become a nuisance to other tenants, or is staying after a lease has expired. A roommate who is named on lease can also bring a holdover proceeding to evict a roommate who is not named on the lease from the apartment.
Petition HD - A tenant may petition the court he/she has conditions or violations in the home which need to be repaired, forcing the landlord to make repairs and correct building violations.
Surrogate Court:
Petition for Guardianship - Guardianship is a legal process consisting of a court-appointed relationship between a competent adult and a person over the age of eighteen whose disability renders him/her unable to make an informed decision or at risk of doing harm to self or others due to an inability to manage his/her own affairs. The incapacitating disability may be caused by mental illness, developmental disability, aging or other factors. A guardian is defined as a person who has been entrusted by the
Petition for Small Estate Administration - Whenever a person dies, his or her estate needs to be collected, managed, and distributed. Estate administration involves gathering the assets of the estate, paying the decedent's debts, and distributing the assets that remain in the estate.
Petition for Probate - An informal probate proceeding usually involves filing some basic paperwork, having the court appoint someone to manage the estate, paying the debts, distributing the assets, and having the court approve the distribution. The court's role may never require a hearing, but only a review of the papers filed.
In other instances, such as when a will is disputed, a formal probate proceeding may be required. A formal proceeding involves more court oversight and usually requires one or more court hearings. , the matter may start out formally, with a court hearing to appoint the personal representative, but end informally, with a paper filed with the court detailing how the assets are to be distributed.
Petition for Administration - Where a decedent has left no will or the executor named in a will is unable or unwilling to serve, the courts must appoint an administrator. This appointment is made by issuing a short document called letters of administration, which is a decree that serves as evidence of the administrator's authority.
Power of Attorney:
This authorizes an individual to act as agent for another in financial transactions if and when one becomes physically or mentally unable to do so. The specific powers should be indicated and the duration of the power should be specified. A durable power of attorney becomes effective immediately and will last as long as you want, or until your death, whichever you desire. This avoids the hardship of the court appointing a guardian. A non-durable power of attorney also becomes effective immediately. However, as opposed to a durable one, it will end if you become disabled or incapacitated. This kind would mostly be used for a specific event, such as a house closing.
Wills:
A will, written, signed and witnessed by two uninterested individuals, sets forth the individual’s wishes in the event of death. Having a will minimizes any dispute as how an estate is to be distributed amongst family members, but does not prevent the estate being probated.
Living Wills:
A living will appoints another as the agent to refuse life-prolonging treatment(s) when death is imminent.
Healthcare Proxy:
An individual authorizes another, whom they trust, to make all decisions relating to their medical treatment and care when they are unable to do so. All healthcare professionals must follow the directives of the agent as if they were given by the individual. The powers may be specific, limited and/or durational.
Guardian:
Guardianship is a legal process consisting of a court-appointed relationship between a competent adult and a person over the age of eighteen whose dis-ability renders him/her unable to make an informed decision or at risk of doing harm to self or others due to an inability to manage his/her own affairs. The incapacitating disability may be caused by mental illness, developmental disability, aging or other factors. A guardian is defined as a person who has been entrusted by the
Deed - A deed a document that grants title to real property. A deed is one form of conveyance transferring title to the real estate from one person to another. Title means ownership of real estate. The person transferring title is known as the “grantor,” and the person receiving the title is known as the “grantee.” A deed must be in writing and must be signed. The person transferring his/her interest in the real estate must sign the deed. Many states also require the grantee to sign the deed as well. To be effective against third persons and subsequent purchasers, the deed usually must be recorded. Deeds are recorded in the county in which the property is located.
Trust - A trust manages the distribution of a person's property by transferring its benefits and obligations to different people. A testamentary trust transfers property into the trust only after the death of the grantor. A living trust starts during the lifetime of the grantor but may continue upon his/her death. A living trust may be revocable, giving the grantor the authority to change the terms of the trust at any time. Or irrevocable, relinquishes his/her right to make changes once the trust is created. The individual serves as trustee while alive, naming someone else as trustee upon his/her death. Living trusts may avoid probate by the court.
Corporation - A separate entity, comprised of one or more persons. Forms have to be filed with the state and shares distributed. It affords its shareholders the benefit of limited liability, the disadvantage of dual taxation (if dividends are distributed).
Partnership - Much more simplified business entity, may be formed by merely a verbal agreement. No state filings necessary. Each partner is jointly and severally liable for their acts and the acts of the other partners.
Contract & Agreements - A contract is a written agreement, signed by the parties to be charged. In most cases, these agreements should be dated and include the important and salient factors in order to be binding.
*If you do not see any of the forms you may need, please inquire.
**If you are not sure which form you may need, please inquire.
***See the Costs/Fees section for the filing fees for these forms.
