{4 minutes to read} As a Trust and Estates attorney, I frequently appear in the Surrogate’s Court in the various counties of New York City and its immediate suburbs. As someone who appears in Surrogate’s Court very frequently, over the years, I’ve become familiar with the different ways that courts run their calendars.
Often, attorneys and their clients need to appear in Surrogate’s Court on a calendar. This may be incident to a Citation or Order to Show Cause, in any of the various proceedings that may come before the Court (Probate, Administration, Accounting, etc).
In general, Courts have several types of calendars. The two most common are called the Process Calendar and the Motion Calendar. The Process Calendar is usually the first time the parties appear together in Court. The petitioner has filed a petition, requesting relief from the Surrogate’s Court. And the Court has given notice of this proceeding to all interested parties, who may either appear or default (don’t appear). It is the responsibility of the petitioner to serve the Citation (or Order to Show Cause in some circumstances) in accordance with the service of process rules. If the petitioner has failed to properly serve everybody, the Court will give a date for a Supplemental Citation. If the petitioner has properly served all parties, the matter will proceed either as an uncontested matter (if no one appears in opposition) or as a contested matter, setting the calendar for potential 1404 examinations, Discovery, etc.
The second and most common type of calendar is the Motion Calendar. Courts routinely call the Motion Calendar after the Process Calendar. For example, matters on the Process Calendar may be scheduled for 9:30 or 10:00 a.m., while issues on the Motion Calendar are scheduled for 11:00 or 11:30 a.m. Scheduling varies from Court to Court. Unlike a Process Calendar, where the parties are usually appearing for the first time, most Motions involve parties who have already appeared before the Court and are in the midst of litigation. There may be a dispute concerning discovery, a motion for summary judgment, or other types of interim relief from the Courts. Motion Calendars are often more involved, with the parties submitting lengthy briefs and the Court taking oral arguments on the parties’ positions. Some Courts allow oral arguments as a matter of default. Other Courts will ask that you submit a request for oral argument, which the Court may approve or deny. Because of this, a matter on the Motion Calendar might last significantly longer than a matter on the Process Calendar.
When preparing for a court appearance, either on your own or with your attorney, it’s helpful to visit the websites of the various courts. All of them will have the information about the rules and procedures for appearing on the calendar posted. And more and more Courts are having their daily calendar published on their website, so you can even see what sequential number your matter is among all of the cases the Court may consider on that day.
For more information on this topic, contact me.