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What is an RJI and why do I need it for my New York Divorce case?
August 3, 2016
Let us say you need a judge to move your divorce along. (This is not intended as legal advice just information to double check with a New York Divorce Lawyer or attorney of your choice.)
Then you need to file what is called a Request for Judicial Intervention. Here a judge will assign a case for you.
So, according to the rules of court and law All persons must file a summons and complaint to start a divorce. After that there is a form called Request for Judicial intervention where you fill in the blanks as to the basis of your case and ask the Clerk to assign at random a Judge to hear your case. You must pay a fee as well. Only then will your #NewYorkDivorce come before a judge. Once that is done you can file applications and #motions to the court for several things including but not limited to #spousal support #childsupport, #childcustody, #visitation and #ordersofprotection.
A motion asks for relief, the likes of which can be found in the CPLR and the Domestic Relations law. Then the case is put on the calendar and you have to appear in court. But be sure you served the Request for Judicial Intervention on the other side. Once the case is filed and you did everything right under the CPLR then the Judge can put it on the trial calendar so long as the other side does not appear of object.
Another reason why you would file for an RJI other than to get a court conference and ask for temporary relief is to move your case along in the event that you filed for divorce and no one is taking action on the other side.
The RJI is filed with the County Clerk. They give you a receipt and then you can file your motion with the motion clerk.