New York's 50-h Hearings: the Pre-Action Hearing for Municipalities
Under New York State Law, municipalities
like the City of New York are entitled to conduct a pre-action
hearing on any claims they receive. Known as 50-h hearings after the
section of Municipal Law that created them, these pre-action
hearings must be requested by a municipality and are designed to
provide the municipality with enough information to investigate a
claim and an opportunity to settle a case early.
The
50-h hearing
is a key component of any case involving a
municipality. Managed correctly, it can turn into an advantage for
the plaintiff, but managed poorly, it can undermine a case. I have
prepared the following question and answers to give you more
information about New York’s 50-h hearings.
Who may request a
50-h hearing?
The law says that a municipality is
entitled to a pre-action hearing and defines a municipality as a
“city, county, town, village, fire district, ambulance district or
school district.”
Do 50-h hearings
automatically take place?
No. The municipality must request the
hearing. If the municipality does not request the hearing within 30
days of receiving the claim, they lose the right to hold a 50-h
hearing.
Where do the 50-h
hearings take place?
50-h hearings usually occur outside the
courtroom and usually take place in a lawyer’s office or the office
of a court reporter.
What is the
purpose of the 50-h hearing?
The 50-h hearing is designed to give the
municipality an opportunity for an early investigation of the claim
to allow for an early resolution the claim. The law states
that a municipality may demand “an examination of the claimant
relative to the occurrence and extent of the injuries or damages for
which claim is made.”
Who attends the
50-h hearing?
The people attending a 50-h hearing can
vary, but will include the following: the lawyer for the
municipality, a stenographer, the person who filed the claim (“the
claimant”) and the attorney for the claimant.
What happens at
the 50-h hearing?
The hearing begins with the stenographer
giving the claimant an oath. Then the lawyer for the municipality
will ask the claimant a series of questions. The claimant does his
or her best to answer the questions. The claimant’s attorney may
interrupt if a question is inappropriate. The stenographer will
record everything said at the hearing.
That sounds like a deposition (also known as an Examination before Trial); are 50-h hearings the same as a deposition or EBT?
No and that is part of the problem. By
law, the questions should be limited to questions about “the
occurrence and extent of the injuries or damages for which claim is
made.” However, many attorneys representing municipalities will
stretch those boundaries and ask much broader questions. The
claimant’s attorney must stand up for the claimant’s rights and
object to any inappropriate questions.
Can the testimony
taken at the 50-h be used in court?
Yes. If you testify at a 50 hearing, you
testify under oath and your testimony can be used at trial.
Must a claimant
participate in the 50-h hearing?
If the municipality invokes its right to
a 50-h hearing, then the claimant must participate. Failure to do
soon in a timely manner could prevent the claimant from proceeding
with a lawsuit.
The 50-h sounds
like it only benefit the municipality. Is that true?
I tell my clients that we can turn the
50-h hearing to our advantage. We want to accomplish several
objectives with the 50-h hearing:
-
Tell a clear and believable account about the incident with the police
-
Demonstrate the believability of my client as a witness
-
Demonstrate our preparedness of the case and our ability to proceed to trial
Turning the 50-h hearing to the advantage
of the person filing the claim depends upon the experience of the
attorney, the preparation for the day and the attorney’s zealousness
in protecting his or her client’s rights.
How important is
the client preparation for the 50-h Hearing?
Preparation is always important. I
provide my clients with a guide to the 50-h hearing, a report with
all the information the client will need to prepare for the 50-h
hearing. We then meet to go over the guidelines and to prepare
fully.
Do you have more questions about New York's 50-h hearings?
f you think you have a case or if you have questions, please call me and I will be glad to discuss your rights, answer your questions and help you with your potential case. You can call me at 1-800-660-1466 or send me an e-mail at Carol@SchlittLaw.com. The consultation is free and I will be glad to help you.
Carol L. Schlitt - New York Personal Injury Lawyer
If you or a loved has been injured in through the neglect or actions of another person or organization, you may be entitled to compensation for your damages. You should contact an experienced New York personal injury attorney. If you think you have a case or if you have questions, you can call me and I will be glad to discuss your rights, answer your questions and help you with a potential case. You can call me at 1-800-660-1466 or send me an e-mail at Carol@SchlittLaw.com. The consultation is free and I will be glad to help you.
I hope you have found this information
helpful.
Carol L. Schlitt
New York Personal Injury Attorney
1-800-660-1466
Carol@SchlittLaw.com.