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Conference of County Court Judges July, 2015

Conference of County Court Judges July, 2015. Managing the Landlord ~ Tenant Docket Practice Tips. Judge David E. Silverman Judge Michaelle Gonzalez-Paulson. Practice Tip 1. Review file within 7 - 10 days after service of process.

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Conference of County Court Judges July, 2015

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  1. Conference of County Court JudgesJuly, 2015 Managing the Landlord ~ Tenant Docket Practice Tips Judge David E. Silverman Judge Michaelle Gonzalez-Paulson

  2. Practice Tip 1 • Review file within 7 - 10 days after service of process. • Judge should review file to determine if the Court has jurisdiction and, if so, whether: • Default is proper; Rent Determination Hearing should be set; or, Trial should be set.

  3. Practice Tip 2 • Use template documents to expedite accurate decisions. • Judge should be able to promptly enter orders including, • Order for Default, Final Judgment of Eviction, Order Scheduling Rent Determination, Order Scheduling Trial

  4. Practice Tip 3 • Dispose of most cases by default judgment of eviction. • Where tenant has defaulted by failing to file answer or not posting accrued rent when required • Avoid emotional response that may result in unnecessary trial

  5. Practice Tip 4 • Facilitate online scheduling. • Place available hearing time online together with instructions on reserving hearing time. • Provide pertinent information – without giving legal advice – as to landlord-tenant issues. • Make template documents available.

  6. Practice Tip 5 • Avoid ex parte communications with litigants. • Expedited procedure does not vary responsibility under the Canons of Judicial Conduct. • Scheduling exception, limited with respect to basis, prompt disclosure, adverse appearance.

  7. Practice Tip 6 • Maintain a tracking log of eviction cases. • Identify how many days each eviction case is pending, at each stage, to disposition. • Compare cases to identify causes of delay, points at which delay occur, and procedures for expediting resolution.

  8. Practice Tip 7 • When scheduling trial, require deposit of accrued rent. • When the trial is scheduled into the next month, rent may continue to become due. • Including obligation to continue to deposit rent in trial order may limit potential adverse effects.

  9. Practice Tip 8 • Conduct hearings with lean efficiency, gentle decisiveness and manifest fairness. • Choose chambers or courtroom and the tenor of the venue. • Avoid the “tardy” default. • Identify agreed and disputed issues of fact and applicable law.

  10. Practice Tip 9 • Promote opportunities for settlement and schedule mediation. • Despite adverse relationship, enlightened self-interest often motivates parties to settle. • Judicial reservations regarding waiver of default notice.

  11. Practice Tip 10 • Obtain the perspective of the shareholders. • Meet with sheriff’s eviction deputy, clerks, landlords’ counsel, property managers, representatives for homeless veterans, tenant’s rights organizations, etc. • Avoid discussion of specific cases.

  12. Thank you for participating in the presentation

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