Personal Injury Lawsuits in New York: The Request of Judicial Intervention (RJI) November 3, 2010

The legal process for personal injury and medical malpractice cases in New York can be long, confusing and difficult. I work hard to make that process work for my clients by squeezing out every day to shorten the process as much as possible. I also work hard to keep my clients up to date on all activities with their cases and to educate them about the process so it is less confusing.

I have used this blog to explain the various steps in the legal process. Today, I will write about the Request for Judicial Intervention (RJI).

As the name suggests, an attorney files an RJI to ask the court to intervene in a court action. The RJI can be an important tool in both prosecuting a case and moving it forward. Most commonly, I file an RJI at the beginning of the Discovery phase and that triggers a meeting of the lawyers for all parties involved in the lawsuit. That meeting is called the Preliminary Conference and it takes place at the courthouse. At that time, we set a schedule for the exchange of information, depositions and the defendant’s medical exam. We also work to resolve any initial conflicts and if need be, ask a judge to intervene.

I will explain more about the RJI below, but first, let me review the steps that lead up to the filing of the RJI.

Filing a Lawsuit: The Summons and Complaint

One begins a personal injury or medical malpractice lawsuit in New York by filing two documents with the courts: the Summons and Complaint. When doing so, an attorney purchases an index number from the court (at a cost of $210). With the purchase of the index number, the attorney registers the case with the court, though the courts do not get involved until the attorney files a request for judicial intervention.

The Complaint states the basis for the lawsuit in very general terms. The Summons requires the defendant to respond. You can learn more about starting a lawsuit in New York in the article:  Filing a Lawsuit in New York: The Summons and Complaint.

Responding to the Summons and Complaint: The Exchange of Initial Papers and Pleadings

Filing the Summons and Complaints triggers an exchange of legal papers and documents. The defendant responds to the Summons and Complaint with two documents:

• Answer to the Complaint
• Demand for a Bill of Particulars

In the Answer to the Complaint, the defendant responds to the allegations made in the Complaint. In the Answer, the defendant can admit or deny the allegations, claim a lack of knowledge or assert an affirmative defense.  In the Demand for a Bill of Particulars, the defendant asks for more details about the case from the plaintiff. You can read more about these documents in the article, “The Initial Response by a Defendant to a Lawsuit in New York: The Defendant’s Answer to the Complaint the Demand for a Bill of Particulars.”

The Bill of Particulars

Once I receive the Demand for a Bill of Particulars, I need to prepare and respond with a Bill of Particulars. To do so, I list each of the questions raised in the Demand for the Bill of Particulars and then I provide a response.  The answers generally take one of three forms:

• Providing an answer to the question asked.
• Explaining that we lack sufficient information to answer the question.
• Objecting to the question.

You can read more about the Bill of Particulars in my article, “The Personal Injury Lawsuit in New York: The Bill of Particulars.”

Moving onto the Discovery Phase

During Discovery, both sides can request evidence, testimony and information relevant to the case. The exchange of two documents triggers the start of Discovery:

• The Defendant’s attorney serves a Discovery Demand. This document lists information that the defense wants the Plaintiff to provide. The Discovery Demand usually accompanies the Answer and the Demand of a Bill of Particulars. 
• The Plaintiff serves a Notice of Discovery and Inspection: This document lists information that we want the Defense to provide. This usually accompanies Bill of Particulars.

As a plaintiff’s attorney, when I serve the Notice of Discovery and Inspection, I also file a Request for Judicial Intervention (RJI). You can read more about Discovery in the article, “What Happens in the Discovery Phase of a Case?”.

The Request for Judicial Intervention (RJI)

I typically file the Request for Judicial Intervention (RJI) when serving the defense with the Bill of Particulars and the Notice of Discovery and Inspection. Filing an RJI in New York requires completing form and submitting it to the court with a payment of a $95 fee. Prior to the filing of the RJI, the only role the court plays in the legal process is to issue an index number and to serve as a repository for the papers filed by both sides.

The RJI asks the court to intervene in the case. The court does so by scheduling a meeting between the lawyers for all sides in the case. This meeting takes place in a meeting room at the courthouse and is called the Preliminary Conference.

The RJI is designed to move the case forward and since it comes at the start of the Discovery Phase, the RJI asks the court to help with Discovery. The Discovery phase involves the exchange of information, depositions and the defendant’s medical exam. During the Preliminary Conference, the lawyers agree to a schedule for these events. If they cannot agree on a schedule amongst themselves, a judge will intervene and settle any dispute.

At the end of the Preliminary Conference, the plaintiff’s attorney will complete a form with the agreed upon schedule and all the attorneys sign the form. This form is called the Preliminary Conference Order and has the effect of a court order. By signing it, all parties agree to abide by the schedule. If one party fails to abide by the schedule, an attorney can file a motion with the court to ask a judge to force the party to comply with the court order.

You can see why the RJI is such an important tool in aggressively prosecuting a plaintiff’s claim.

I hope you have found this information helpful. I do need to remind you that this information offers general guidelines. If you have questions about a specific case, you should consult an experienced personal injury lawyer in New York. I will be glad to answer your questions and assist you. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.  

Carol L. Schlitt
New York Personal Injury Attorney
http://www.schlittlaw.com/
http://nylawthoughts.com/
1-800-660-1466
Carol@SchlittLaw.com

This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney.