Dynamite dynamite dynamite. This is the lawyer, James, the dynamite audio program. It is the absolute best audio content by New York Business Attorney in both transactional and litigation practice areas. And it is helpful for all industries. Now here’s today’s episode. One more thing. Before we get started, you can reach me online by visiting my website, the lawyer james.com. The lawyer james.com. The lawyer james.com. You can call me at (212) 500-1891. That’s the office (212) 500-1891 (212) 500-1891. You can contact me by email at James at the lawyer. james.com. James at the lawyer, james.com. James at the lawyer, james.com or by text message at (917) 783-3153. Text message (917) 783-3153 that’s (917) 783-3153.
Okay. In today’s episode, I’m going to be talking to you about the request for judicial intervention. The seasoned practitioners in New York Business Attorney, simply referred to this as the RJ. I now, what does the RJI stand for? Well, you guessed it, the request for judicial intervention. Now, what is a request for additional Vishal intervention? Well, it’s exactly what it says. It’s a request that you get a judge assigned to the case, because as I mentioned before, once a case is filed in New York in state court, it’s filed electronically and it just sits there on the state’s electronic court filing system until one of the parties ask that a judge get involved. And this is actually, if you think about it, pretty efficient and pretty good in terms of keeping matters off the court’s calendar. When those things do not need to be on the calendar, you know, anecdotally and sitting in court, I’ve heard judges say and explain that they have 500 cases on their docket.
I actually even heard as I’m this. I remember one, uh, I remember one judge saying that she has something like 800 cases that she had to deal with. That’s a lot of cases. So this is why courts and judges are always trying to clear off their docket, get cases, settled, move the parties along, get, um, you know, while they are typically amenable to extending deadlines. They, um, if enough is enough and they’ve had it and the case is moving too slowly for them, then they, uh, will enforce the deadline and to move the case along to get it off their docket. So it makes sense because also sometimes parties, they file a case. The plaintiff files a case, serves a defendant. They talk about it, they settle out of court. They don’t even need the court involved. They file a stipulation of discontinuance with the, uh, with the case filing system.
And it never sees a, a courtroom and it never sees a judge. So it’s a very useful tool for the parties to, to have when they, uh, when they want to get the court involved. So how can you file an RJ on what do you need to do to file an RJI? And under what circumstances do you file an RJI there’s a couple of reasons. Okay. So let me back up here, in terms of the filing of an RJI there’s, they’re always improving the, the Nyssa system and that’s the New York Business Attorney state court electronic filing system. So what happens there or a system for electronic filings? What happens there is there’s, there’s two ways to file it. One is to print it out and to type in you go to the court’s website, you get a form, RJ, I do, you either fill it out in PDF form, printed out, or scan it, or, uh, you printed out and then you type it in type the information into it, or you, your handwriting.
Uh, but now that the court system has gotten a little bit more sophisticated, you can actually just populate the fields as you’re filing the RJI on the NYSIF system, and it will generate an RJI for you. And the RGI contains the party’s information, whether or not there’s any related cases. And if so, what those cases are. And then it also talks about and identifies the parties, their addresses, if they’re represented, and if they are represented who their attorney is or who their attorneys are, it’s basically the informational document New York Business Attorney. Uh, it talks about what the case is about. It says what kind of case there’s these little radio buttons or check marks that you can check. You know, like I said, the most, um, the most popular one is breached contract in the business context. And then there’s also a reason for filing the RJI. You want to get the court involved, but what are you getting the court involved to do in the context of emotion?
Like a motion for summary judgment in lieu of complaint, you are asking the court to decide the motion. The same thing is true in the context of a motion to dismiss, you are asking the court to dismiss the case, and that’s why you want to get the court involved. So you file an RGI in connection with your motion to dismiss. All right. So what else can you file an RGI for them? You can file an RJI to have a preliminary conference. And this arises when there’s a complaint and an answer New York Business Attorney, and then really there’s, if there’s no motion and there’s no, uh, other reason to get the court involved and you still want to move the case along, typically a plaintiff would then the plaintiff files and RJI in connection with a request for a preliminary conference. And then once the preliminary conference is requested, then the, the judge gets assigned and the preliminary conference gets scheduled.
Now, one of the interesting things to note is that this is not a perfect system. And in fact, sometimes RJI is, are filed and they fall through the cracks. And what that means is if let’s say a plaintiff wants to move the case along and files the RJI, and for some reason it gets lost in the system, or it doesn’t get picked up by a judge, or it does get picked up by the judge, but the judge obviously doesn’t pay attention to it. Then it could, or the judges staff more appropriately, then there can be, uh, an issue where, you know, the, the preliminary conference and the motion never gets scheduled. And in that innocence, it’s a best practice to, to send, uh, a letter to the judge and the court to get the preliminary conference on the calendar. And that’s, that’s another, that raises another point where, you know, typically judges do not allow one party without the other party to contact the judge.
You need to get both parties on the phone. If the, if the court allows phone calls and some courts, and some judges do not allow phone calls, you have to contact them by email. And it’s, it’s, it’s very important to look at an individual judges rules because the individual judge that you’re in front of will tell you what he or she wants and how you should communicate with, with that judge. And another thing is that it’s called a part, a New York Business Attorney court system, that the session that the, any particular judge works in as a part. So this part, you know, part 63 part 42 part, yeah, 71 part 10, I’m just making up those numbers. I’m not really sure if they correspond to a judge enough that there are part 35 judges like that, that identify with that part. It’s very important to look at the rules because some of them have page limitations or the, the individual rules.
And they’re not the same for all judges. Some, some parts are electronic, other parts, they they’re paper pots, which means that you have to submit a paper copies in addition to electronic copies. And some parts are just electronic parts. So you don’t have to submit a paper parts, but you paper documents, but you do have to submit electronic ones. Some allow contact by phone others. Don’t some it’s by email only. And when it’s email only, you have to copy all the parties involved. And then the it’s very important to look at the court rules, because they’ll tell you when you can make motions when they have their conferences. Uh, and we’ll tell you what they’re, whether they’re pays limits and how, you know, what size font and how many exhibits and all this other stuff. Some are very, very detailed and very, very many pages law, others aren’t.
So we just covered the RJI, what it was when you can file it, what it contains. And then we also gave a little bit of, uh, information on an individual judges rules. It’s very, very important to look at a judge’s individual rules when you’re appearing before that judge, when you’re making motion before the judge, when you have it, let’s say a discovery dispute, uh, there are certain steps that you need to take. And then, uh, it also talks about, you know, page limits and everything else that the judge requires us right there in the individual parcels.
You can reach me online by visiting my website, the lawyer james.com, the lawyer james.com New York Business Attorney. The lawyer james.com. You can call me at (212) 500-1891. That’s the office (212) 500-1891 (212) 500-1891. You can contact me by email at James at the lawyer, james.com. James at the lawyer, james.com. James at the lawyer, james.com or by text message at (917) 783-3153. Text message (917) 783-3153 that’s (917) 783-3153.