Legal Question in Family Law in New York
Request for judicial intervention
In a contested action, if the plaintiff file an RJI for an inquest, can that same RJI be used for a trial. Or do the plaintiff must file an RJI for each request it makes to the Court. The problem is that an request for judicial intervnetion was filed for an inquest, but that never happened, and the action went on to a non jury trial non the less. Do the judge have jurisdiction to hear an action without the proper RJI being on file?
3 Answers from Attorneys
Re: Request for judicial intervention
Q. In a contested action, if the plaintiff file an RJI for an inquest, can that same RJI be used for a trial.
A. Yes.
Q. Or do the plaintiff must file an RJI for each request it makes to the Court.
A. No. 1 RJI only.
Mike.
Re: Request for judicial intervention
An RJI is only required for the first motion in any one case. It used to be that all subsequent motions were "free" but as of this month (the 14th, I think) all motions qill require a fee, although the RJI is still only required on the initial application.
Re: Request for judicial intervention
The RJI is an excuse for the courts to charge more money. Once you purchase an RJI both sides may file motions without any further court costs.
It's an annoying that we must all tolerate. if you have other questions, You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646) 591-5786.
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