*COVID Screening Protocol for Entering a Courthouse
New York State Unified Court System: Protocol for Entering Courthouses
NOTICE TO ALL LITIGANTS: Please contact the court during office hours to confirm a court session. If you received a traffic ticket you may mail the completed ticket to us or drop it off in our drop box at 110 Bracken Road. If you have a criminal matter, please contact your attorney for your next scheduled date.
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 (per certificate)
Certificate of Conviction: $5.00 (per certificate)
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
Vehicle and Traffic: If you have received a ticket in the Town of Montgomery for the commission of a traffic infraction, it is your obligation as a motorist to respond. Information regarding how to proceed with the entrance of a plea may be found on the right side of the ticket issued. Upon the entrance of a plea of guilty, the court may impose a fine and notify the motorist by mail as to the amount of the fine and surcharge. (A mandatory surcharge is imposed on any conviction for a ticket issued in the State of New York, section 1809a of the Vehicle and Traffic Law.) Instructions for payment procedures will be included. Upon the entrance of a not guilty plea the court will set the matter down for pre-trial conference with the prosecutor assigned to your case. A notice will be sent by mail.
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: Small claims cases may be filed when the defendant’s residence, place of employment or business is located within the Town of Montgomery. 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.
Summary Proceedings must be scheduled in advance with the court. The necessary paperwork and filing fees must be received by the Court several days prior to the hearing, as prescribed by law.
Note: Most civil case papers are prepared and filed by attorneys, who then represent the person initiating the action. The attorneys supply and complete the forms and see that the necessary service items and deadlines are met. For someone preparing their own civil case papers, forms can be obtained at local merchants or online at nycourts.gov. In these cases, the plaintiff should be familiar with procedures; proper completion and submission is the plaintiff’s responsibility . . . the court cannot give plaintiffs legal advice.
Jury Duty: 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.
Qualification: 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