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