NOTICE TO ALL LITIGANTS
NOTICE TO ALL LITIGANTS DUE TO THE RECENT CORONAVIRUS PANDEMIC, THIS COURT WILL NOT BE IN REGULAR SESSION. ALL MATTERS ARE ADMINISTRATIVELY ADJOURNED UNTIL FURTHER NOTICE. UPON RESUMPTION OF THE REGULAR COURT SESSIONS, YOU WILL BE CONTACTED BY THE COURT PERSONNEL AT A FUTURE DATE. SHOULD YOU HAVE ANY QUESTIONS, YOU MAY CONTACT THE OFFICE MONDAY THROUGH THURSDAY BETWEEN 9:00 AM TO 4:00 PM AND FRIDAY 9:00 AM TO 11:00AM.
IF YOU HAVE A SCHEDULED APPEARANCE OR WERE OTHERWISE DIRECTED TO ATTEND COURT TODAY, YOU WILL NOT BE PENALIZED FOR YOUR ABSENCE. WE THANK YOU FOR YOUR COOPERATION IN THIS EFFORT TO PREVENT THE SPREAD OF COVID-19 (CORONAVIRUS) TO OTHERS IN THE COMMUNITY.
As evening court will not be in session, those entering a plea may submit same in writing via mail or drop box at main entrance to Town Hall. A letter will be sent by first class mail with a follow-up. It is your responsibility to notify the Court if you have a change of address. Information regarding how to proceed with a traffic ticket and updating your address may be found on the ticket issued to the motorist.
Located at: 110 Bracken Road, Montgomery, NY 12549
Directions: From I-84, 4 min (1.0 miles) - Exit No. 28 (formerly exit 5) - Right to NY-208 N - Head north on NY-208 N - Slight right onto Bracken Rd - Town Hall is on left
Office Hours: Monday through Thursday: 9:00 a.m. - 4:00 p.m., Friday: 9:00 a.m. - 11:00 a.m. (Except Holidays)
For payment information, please see below.
About the Justice Court:
Justice Court has preliminary jurisdiction over felony cases and exclusive jurisdiction over misdemeanor cases, pending divestiture to the County Court. Small claims and civil cases up to $3,000.00 are also handled in Justice Court.
Court Staff are happy to help and can answer questions concerning the Court’s procedures, but who are not permitted to give legal advice.
Vehicle and Traffic:
Cases charging the commission of a traffic infraction are filed in the Town of Montgomery Justice Court if the alleged offense took place in our Town. Information regarding how to proceed with a traffic ticket and updating your address may be found on the ticket issued to the motorist. It is the obligation of the motorist to respond to the ticket. After the court receives notification that a defendant is pleading not guilty, the office of the Court Clerk will schedule a court date. A plea of guilty will result in a fine letter, which will instruct the defendant on procedure and amount of payment.
Regular Court sessions take place in the evenings each month as needed for traffic trials or other Court proceedings at the Judge’s discretion.
All Courtroom proceedings are recorded. No Weapons. Proper attire is Required. No Cell phones and Electronic devices. Please leave them at home or in your vehicle. No Photography or Recording Allowed. Photography and/or recording of proceedings are allowed upon written prior approval from the Justice Court Judge.
The Court also hears small claims cases when the Defendant resides in, is employed in, or has a place of business within the Town for money damages only, not the return of personal property. The civil jurisdiction of the Court is limited to claims up to the sum of $3,000.00.
Generally, corporations, partnerships, associations or assignees cannot sue in Small Claims Court. These claims must be filed in a Commercial Claims Court. (City Courts: i.e.: Middletown, Newburgh or Port Jervis).
In a Town or Village Court, if your claim is $1,000 or less, you will be required to pay a $10 filing fee. If your claim is for more than $1,000, you will be required to pay a $15 filing fee.
To obtain an application, please visit or contact the Court. A booklet explaining Small Claims Procedures will be provided when the claim is filed. You may also download a copy of "A Guide to Small Claims Court in the NYS City, Town And Village Courts"
While you do not need a lawyer in small claims cases, you may retain an attorney if you so desire.
For Frequently Asked Questions (FAQ's) please visit NYS Unified Court System website.
Jury trials are scheduled about once a month. Jurors are selected from a pool of citizens throughout Orange County.
Notification and Appearance
When a jury is required, the court will send out a jury notification summons to those that have been selected about two weeks before the hearing. Those selected are instructed to call the court the day before the jury trial to listen to a recording to see if they still need to appear. The number to call is 457-4277.
To Be Excused
If you need to be excused from jury duty, only the Judge can excuse you. To request to be excused, send a letter to the court along with proof of why you cannot attend (e.g. doctor appointment, flight itinerary, etc) so the Judge can review it.
For information on the qualification process you can visit: nyjuror.gov
Justice Court Payment Options
Payment must be in U.S. currency with the exact amount only. The Town of Montgomery Justice Court accepts Cash, Certified Checks or Money Orders and Visa/MasterCard as forms of payment. If you choose to utilize a Visa Card or MasterCard a 2.99% processing fee is applied for their use.
Notice of Credit Card Service Fee: A service fee of 2.99% of the payment amount will be assessed on all credit card transactions. Note that neither the municipality nor the court receives any portion of the service fee.
If you use a credit card, there will be two transaction receipts generated, one for the court fine and one for the service fee. The cardholder must sign both receipts in order for the payment to be processed.
- No Debit Cards, Personal Checks or Business Checks are accepted
- No phone or online services are available.
Please address mail and payments to Montgomery Town Court, 110 Bracken Road, Montgomery, NY 12549