§ 1-11 Small Claims Hearings.
RCNY § 1-11
(a)General. A petitioner who wishes to have the proceedings in his or her case conducted in the small claims unit may so elect at the time of the filing of the petition (or, if the petition was filed before the effective date of these rules, at any time before the hearing, subject to approval of the chief administrative law judge), if the amount in controversy meets the criterion contained in subdivision (b) of this section. The small claims hearing will be an adversary proceeding conducted by an impartial presiding officer. The presiding officer shall conduct the hearing (see subdivision (f) of this section) in a fair manner that permits the parties to offer all relevant evidence to establish their positions. Where certain points or issues are unclear, the presiding officer may ask questions of the parties or of witnesses for the purpose of clarifying the record.
(b)Criterion for small claims. Controversies which may be heard by the small claims unit are restricted in amount to $10,000 (not including penalty and interest).
(c)Pleadings; applicable sections; notice.
(1)The only pleadings to be served by the parties are a petition by the petitioner (see 20 RCNY § 1-04) and an answer by the commissioner of finance. The tribunal may prescribe a simplified form of pleadings for small claims matters.
(2)The parties may file briefs, additional documents or other material in support of their pleadings.
(3)The provisions of subdivision (e) of 20 RCNY § 1-04 regarding amended pleadings, and 20 RCNY § 1-08, regarding subpoenas, are applicable to this section. The provisions of 20 RCNY §§ 1-05 (other than paragraph (e)(1)), 1-06 and 1-07 of these rules are not applicable to this section. Notwithstanding the foregoing, the presiding officer may, at the request of either party, (i) consider any of the grounds for dismissal provided for under 20 RCNY § 1-05(b) of these rules and dispose of the matter on such ground, if appropriate, and (ii) allow such limited discovery as the presiding officer shall deem appropriate under the circumstances.
(4)After the petition and answer have been served, the controversy shall be at issue, and the small claims unit shall schedule the controversy for a small claims hearing.
(5)The parties shall be given at least 30 days' notice of the first hearing date, and at least 10 days' notice of any adjourned or continued heating date unless the parties agree otherwise with the consent of the presiding officer. A request by any party for a preference in scheduling will be honored to the extent possible.
(d)Adjournment; default.
(e)Presiding officer. The small claims hearing shall be conducted by a presiding officer with the same authorization provided an administrative law judge conducting a hearing by 20 RCNY § 1-12.
(f)Conduct of hearing.
(g)Transfer to administrative law judge. At any time before the conclusion of a small claims hearing, the petitioner may, by written notice to the president of the tribunal, discontinue such small claims proceeding and request that the hearing on the petition be transferred to and conducted by an administrative law judge. Such discontinuance shall be without prejudice to any subsequent proceeding before an administrative law judge. Following such transfer of a matter to an administrative law judge, the matter shall not be transferred back to the small claims unit.
(h)Determination.
(i)Assignment of another presiding officer. Whenever it becomes impractical for a presiding officer to continue the hearing, another presiding officer may be assigned to continue with the case, unless it is shown that substantial prejudice to a party will result therefrom.
