(a) Such proceedings involving residential property shall be commenced in the City Court in which the real property or portion thereof is located. No default shall be noted until at least one hour after the hour when the proceeding is called.
(b) The following form is set forth as an example of the notice of petition (the provisions relating to the demand for a money judgment should be omitted unless the petition so demands):
| CITY COURT OF THE CITY OF __________ | ||
| ) | ||
| Petitioner | ) | NOTICE OF |
| Address | ) | PETITION |
| -against- | ) | |
| ) | ||
| Respondent | ) | |
| Address | ) | |
| ) | ||
To the respondents ____ above named and described, in possession of the premises hereinafter described or claiming possession thereof:
PLEASE TAKE NOTICE that a hearing at which you must appear will be held at the City Court of the City of____, ____ District, to be held at ____, City of ____, County of ____ , on the____day of____, ____ , at____ am/pm, which prays for a final judgment of eviction, awarding to the petitioner the possession of premises designated and described as follows: the____ rooms on the____ floor, Apartment No____, ____Street, City of____ in the County of____, and further granting to the petitioner such other and further relief as is demanded in the petition, which you must answer.
TAKE NOTICE also that demand is made in the petition herein for judgment against you, the respondent, for the sum of $____, with interest thereon from____, 19____
TAKE NOTICE that your answer, which mav be made at the time of the hearing specified above, may set forth any defense or counterclaim you may have against the petitioner.
TAKE NOTICE also that if you shall fail at such time to interpose and establish any defense that you may have to the allegations of the petition, you may be precluded from asserting such defense or the claim on which it is based in any other proceeding or action.
TAKE NOTICE that your failure to appear and answer may result in final judgment by default for the petitioner in the amount demanded in the petition.
Dated: County of ____, the____ day of ____, ____
____________________
Attorney(s) for Petitioner
Office and Post Office Address
Telephone Number
| ______________________________ | |
| Clerk |
(c) At the time of the issuance of a notice of petition by a judge or the clerk, or an order to show cause by the judge, in a summary proceeding to recover possession of real property, a copy of such order to show cause or notice of petition shall be filed with the clerk. The original papers with proof of service thereof shall be filed with the clerk within the time specified by statute.
(d) Where a part exists to hear proceedings brought pursuant to this section, an action noticed to be heard on a day when a judge is not assigned to the part shall not be accepted for filing. The papers shall be returned to the attorney with a notification as to the days on which a judge is assigned.
Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.
Amended (b), (c), (d), (e) on October 20, 2023