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?
I hope you found this article about New yOrks 50-h hearings helpful. If you have additional questions or if you have a case you would like to discuss, 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 mailto:Carol@SchlittLaw.com?subject=50-h%20Hearings" Carol@SchlittLaw.com . The consultation is free and I will be glad to help you. You can also visit my web site: .
