Please be advised due to an abundance of caution and concern for the health and safety of our residents and employees relating to COVID-19, there have been new policies and procedures instituted for visiting Town Hall to conduct business.
Please expect that it may take longer than usual for your visit as all persons will be checked at the front door by Town Employee including an external temperature scan. Proper face coverings and physical distancing will be required.
NOTICE TO ALL LITIGANTS
NOTICE TO ALL LITIGANTS DUE TO THE 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 8:15 AM TO 4:00 PM AND FRIDAY 8:15 AM TO 11:00 AM.
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.
About the Justice Court:
Welcome to the Town of Montgomery Justice Court. If you find yourself having to come to the court, know that you will be treated by the staff with respect and dignity. The court is a full-time court which handles preliminary jurisdiction over felony cases and exclusive jurisdiction over misdemeanor cases, pending divestiture to the County Court, traffic offenses, summons and complaints, summary proceedings and small claims matters. I hope you find the resources on this webpage to be helpful and informative.
The justice court strives to improve the quality of our community by ensuring due and fair processes to individuals and holding those individuals who are in violation of criminal law accountable. The court is approachable and available to answer your questions. The proceedings are recorded and the public is always welcome.
Court Staff are happy to help and can answer questions concerning the Court’s procedures, but who are not permitted to give legal advice. You have the right to counsel with your own attorney at any stage.
Certificate of Disposition: $5.00
Certificate of Conviction: $5.00
Civil Case - Filing Notice of of Appeal: $5.00
Civil Summons and Complaint: $20.00
Summary Proceedings / Evictions:
Issuing fee: $20.00 [UJCA 1911 (a) a.], (1983 N.Y. State Comptroller 290)
Filing fee: $20.00 [UJCA 1911 (a) j.], (1983 N.Y. State Comptroller 290)
Transcript of Judgment: $2.00
If you receive a Uniform Traffic Ticket in the Town of Montgomery:
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.
For felony or misdemeanor violations you must appear in person on the date listed on your ticket.
If the offense is a traffic infraction:
Complete Section A if you wish the enter a Guilty plea, or Section B if you wish to enter a Not Guilty plea.
If you plead Not Guilty you must include your current mailing address. If different than the address on your ticket, sign it, and mail your ticket to: Montgomery Town Court, 110 Bracken Road, Montgomery, NY 12549
If you choose to, you may deliver your ticket in person during a court session or use the secure drop box located at the main entrance to Town Hall on the right.
If you plead guilty: Once your guilty plea is received, the Court will notify you by mail of any fines and mandatory surcharges that are assessed.
If you plead not guilty: Once your not guilty plea is received, the Court will notify you by mail of another court date and you will then have an opportunity to conference with the prosecutor assigned to your case.
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.
Small Claims Filings:
Small claims cases can only be filed in the Town Court where the person you are suing, lives, has a business or works. 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).
Small Claim fee: $10.00 filing fee for claims up to $1,000.00 or $15.00 for claims over $1000.00. The monetary limit for a Small Claims case is $3,000.00.
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
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.
Please address mail and payments to Montgomery Town Court, 110 Bracken Road, Montgomery, NY 12549