Town and village courts have regular civil jurisdiction over matters involving damages of up to $3,000. These cases normally involve parties that are represented by attorneys, since the regular rules of pleadings apply.
Procedures & Regulations
Civil cases involve the normal discovery procedures, wherein the parties exchange information about their case to the opposing attorneys. The regular rules of evidence are enforced by the judge. Parties are entitled to both jury and bench trials.
Small Claims Cases
The Webster Justice Court handles small claims cases if the amount does not exceed $3,000. The person being sued must reside in the Town of Webster and must have either regular employment within the town or a place for the regular transaction of business within the town.
The party being sued can file a counterclaim against the plaintiff. The counterclaim can be filed prior to the hearing date; however, the defendant can wait to file the counterclaim on the night of the small claims trial. If the defendant waits to file the counterclaim on the night of the trial, then the plaintiff is entitled to an adjournment to review and prepare to defend against the counterclaim. To file a counterclaim, there is a fee of $3.00 plus the cost of postage.
Anyone being sued in a small claims matter is entitled to a jury trial. Normally, small claims cases are conducted without an attorney; however, if a jury is requested, it is recommended that both parties have an attorney.
For More Information
A free pamphlet on small claims matters is available at the Webster court clerk’s office:
1002 Ridge Rd.
Webster, NY 14580
For more information about civil cases, please contact the Webster Justice Court at (585) 872-7020 or (585)872-7022.