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The UCS 840C form is an essential document for initiating legal matters in the Commercial Division of the New York Supreme Court. Designed to streamline the request for judicial intervention, it plays a key role in categorizing the nature of legal disputes, particularly those arising from business dealings. The form prompts the filer to identify the specific causes of action, which may include breaches of contract, fraud, business torts, and violations of statutory or common law. It includes sections where petitioners can articulate their claims for both compensatory and equitable relief. Moreover, the form provides a space for counterclaims from defendants, ensuring that all relevant issues are addressed within the context of a commercial dispute. Filers must also certify that their case meets the jurisdictional requirements of the Commercial Division, thus establishing that the claim is appropriate for that specific legal framework. By completing and submitting this form, parties set the stage for a structured legal process tailored to commercial matters.

Ucs 840C Example

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SUPREME COURT OF THE STATE OF NEW YORK

UCS -840C

 

3/2011

COUNTY OF _______________________________

Index No. __________________________________

__________________________________________________x

Plaintiff(s)/Petitioner(s)

RJI No. (if any) _____________________________

 

-against-

COMMERCIAL DIVISION

 

Defendant(s)/Respondent(s)

Request for Judicial Intervention Addendum

__________________________________________________x

 

COMPLETE WHERE APPLICABLE [add additional pages if needed]:

Plaintiff/Petitioner’s cause(s) of action [check all that apply]:

GBreach of contract or fiduciary duty, fraud, misrepresentation, business tort (e.g. unfair competition), or statutory and/or common law violation where the breach or violation is alleged to arise out of business dealings (e.g. sales of assets or securities; corporate restructuring; partnership, shareholder, joint venture, and other business agreements; trade secrets; restrictive covenants; and employment agreements not including claims that principally involve alleged discriminatory practices)

GTransactions governed by the Uniform Commercial Code (exclusive of those concerning individual cooperative or condominium units)

GTransactions involving commercial real property, including Yellowstone injunctions and excluding actions for the payment of rent only

G G G G G G G G

Shareholder derivative actions — without consideration of the monetary threshold

Commercial class actions — without consideration of the monetary threshold

Business transactions involving or arising out of dealings with commercial banks and other financial institutions

Internal affairs of business organizations

Malpractice by accountants or actuaries, and legal malpractice arising out of representation in commercial matters

Environmental insurance coverage

Commercial insurance coverage (e.g. directors and officers, errors and omissions, and business interruption coverage)

Dissolution of corporations, partnerships, limited liability companies, limited liability partnerships and joint ventures — without consideration of the monetary threshold

GApplications to stay or compel arbitration and affirm or disaffirm arbitration awards and related injunctive relief pursuant to CPLR Article 75 involving any of the foregoing enumerated commercial issues — without consideration of the monetary threshold

Plaintiff/Petitioner’s claim for compensatory damages [exclusive of punitive damages, interest, costs and counsel fees claimed]:

$ _______________________________________________________________________________________

Plaintiff/Petitioner’s claim for equitable or declaratory relief [brief description]:

Defendant/Respondent’s counterclaim(s) [brief description, including claim for monetary relief]:

I REQUEST THAT THIS CASE BE ASSIGNED TO THE COMMERCIAL DIVISION. I CERTIFY THAT THE CASE MEETS THE JURISDICTIONAL REQUIREMENTS OF THE COMMERCIAL DIVISION SET FORTH IN 22 NYCRR § 202.70(a), (b) AND (c).

Dated: ________________________

__________________________________________

 

SIGNATURE

 

__________________________________________

 

PRINT OR TYPE NAME

Form Characteristics

Fact Name Details
Form Purpose The UCS-840C form is used to request judicial intervention in commercial cases in New York.
Governing Law This form is governed by 22 NYCRR § 202.70, which outlines requirements for commercial division cases.
Filing Requirements The completed form must be filed with the appropriate court, accompanied by a fee.
Eligible Cases It applies to various commercial disputes, including breach of contract, fraud, and business torts.
Addendum Use Additional pages may be included if necessary to provide further information.
Counterclaim Section Defendants can include counterclaims within the form to address their specific allegations.
Signature Requirement The form must be signed and dated by the plaintiff or petitioner to be valid.
Equitable Relief Petitioners can request compensatory damages as well as equitable or declaratory relief.

Guidelines on Utilizing Ucs 840C

Completing the UCS 840C form is an important step in the process of requesting judicial intervention in a commercial matter. By following these steps carefully, you can ensure that the form is accurate and complete, which may help facilitate a smoother legal procedure.

  1. Obtain the Form: Download or print the UCS 840C form from the official website of the New York State Unified Court System.
  2. Fill in the County: Write the name of the county where the case is being filed in the designated space.
  3. Enter Index Number: Fill in the index number assigned to your case. If you do not have one, you may need to get this from the court clerk.
  4. Complete Party Information: Fill in the names of the Plaintiff(s)/Petitioner(s) and Defendant(s)/Respondent(s). Ensure to include the RJI Number, if applicable.
  5. Select Causes of Action: Check all relevant boxes indicating the Plaintiff/Petitioner's cause(s) of action that apply to your case. You can add additional pages if needed.
  6. Claim for Compensatory Damages: Clearly state the amount being claimed for compensatory damages, excluding punitive damages, interest, costs, and counsel fees.
  7. Claim for Equitable or Declaratory Relief: Provide a brief description of any claim for equitable or declaratory relief.
  8. Counterclaims: Describe any counterclaim(s) the Defendant/Respondent has made, including any requests for monetary relief.
  9. Request Assignment: Confirm that you request the case to be assigned to the Commercial Division by checking the appropriate box.
  10. Certification: Read and understand the jurisdictional requirements. By signing, you certify that the case meets these requirements as set forth in the relevant regulation.
  11. Sign and Print Name: Sign the form and print or type your name in the specified area. Also, include the date next to your signature.

After completing the form, you should make copies for record-keeping before submitting it to the appropriate court. Ensure you are aware of any filing fees or additional requirements specific to your situation, as these can vary by jurisdiction.

What You Should Know About This Form

What is the UCS-840C form?

The UCS-840C form is an addendum to the Request for Judicial Intervention in New York’s Supreme Court. It is primarily used to specify details about the case that falls under the Commercial Division, ensuring that the court has the necessary information to proceed efficiently.

When should I use the UCS-840C form?

You should use the UCS-840C form when you are filing a Request for Judicial Intervention in a case related to commercial matters. This includes issues like breach of contract, fraud, commercial transactions, and business torts. If your case meets the jurisdictional requirements of the Commercial Division, this form is essential.

What information do I need to provide on the UCS-840C form?

On the UCS-840C form, you need to provide your county, the index number, the names of the parties involved, and specific details about the nature of your claims. You will also indicate any counterclaims from the defendant or respondent and the types of damages or relief you are seeking.

Who should fill out the UCS-840C form?

The party filing the Request for Judicial Intervention, typically the plaintiff or petitioner, should complete the form. It’s important that all information is accurate and reflects the details of the case.

Is there a filing fee associated with submitting the UCS-840C form?

Yes, there may be a filing fee when you submit the UCS-840C form as part of your Request for Judicial Intervention. The fee amount can vary, so check with your local court for specific details on fees and payment methods.

What happens after I submit the UCS-840C form?

After you submit the UCS-840C form, the court will review it to ensure it meets the jurisdictional requirements of the Commercial Division. If everything is in order, your case will be assigned to the appropriate division, and you will be notified of any further steps in the judicial process.

Do I need to attach additional pages to the UCS-840C form?

You may need to attach additional pages if you require more space to provide detailed descriptions of your claims or counterclaims. Be sure to label these pages clearly, so the court understands their context.

How do I certify that my case meets the jurisdictional requirements?

By signing the UCS-840C form, you certify that your case meets the jurisdictional requirements outlined in 22 NYCRR § 202.70(a), (b), and (c). Ensure that you verify your claims align with these requirements before signing.

Can the UCS-840C form be filed electronically?

In many cases, the UCS-840C form can be submitted electronically, depending on the local court policies. Check with your court’s website or contact their office to confirm if electronic filing is an option and how to proceed if so.

What if I make a mistake on the UCS-840C form?

If you spot a mistake after submitting the UCS-840C form, contact the court promptly. You may be able to correct the mistake or file an amended form, depending on the court’s rules. It’s crucial to keep your information accurate to avoid delays in your case.

Common mistakes

Filling out the UCS 840C form can seem straightforward, but many people stumble along the way. One common mistake is not fully completing the required sections. In many cases, individuals leave blank areas instead of providing necessary information. Each field serves a purpose, so thorough completion is crucial to avoid delays.

Another frequent error is mislabeling causes of action. Selecting the wrong checkbox can lead your case in the wrong direction. It's essential to carefully read and understand each option before making a selection. One wrong choice could create complications or even dismiss your claim entirely.

People also tend to overlook jurisdictional requirements. It's important to affirm that your case qualifies for the Commercial Division, as stated in the form. Missing this certification can lead to unnecessary challenges and might cause the court to question whether your submission is valid.

Failing to provide accurate compensation claims is another mistake. Clearly state your claim for compensatory damages, including all relevant figures. Overlooking this could lead to misunderstandings or misinterpretations of the financial stakes involved.

Furthermore, leaving out a brief description of the equitable or declaratory relief sought can significantly impact your case. This section is your opportunity to summarize the relief you are requesting succinctly. A vague or incomplete description may weaken your position.

Counters that should accompany the form also often get neglected. This includes the brief description of any counterclaims from the defendant or respondent. Not addressing this element can leave gaps in understanding your case's entirety

Finally, a common oversight involves signatures and printed names. Ensure that the form is signed correctly and that the printed name matches the signature. Not adhering to this basic requirement can result in administrative headaches or even a rejection of the form.

Documents used along the form

The UCS 840C form is utilized in New York for requesting judicial intervention in commercial cases. Several other forms and documents may accompany this form throughout the legal process. Below is a list of common forms and documents that are often used in conjunction with the UCS 840C form. Each entry is described briefly to provide a clear understanding of its purpose.

  • UCS 840 Form: This is the primary Request for Judicial Intervention form, which initiates the process of judicial intervention in non-commercial matters. It collects basic information about the case and the parties involved.
  • Affidavit of Service: This document provides evidence that legal documents have been properly delivered to the involved parties. It outlines when and how the documents were served.
  • Notice of Discovery and Inspection: This is a formal request for the opposing party to provide access to or copies of specific documents and materials relevant to the case.
  • Demand for a Jury Trial: This document formally requests a jury trial in the case. It specifies the desire for jury involvement in the legal proceedings.
  • Preliminary Conference Order: This order is issued by the court to outline the rules, responsibilities, and timelines for the discovery process in a case, including dates for future conferences.
  • Joint Discovery Plan: This document is created by both parties to establish an agreed-upon plan for the discovery phase of the litigation. It details the timelines and methods for exchanging relevant information.
  • Notice of Motion: This document is used to inform the court and the parties about a specific motion that one party intends to file, detailing the relief or order being sought.
  • Memorandum of Law: A written document that outlines the legal arguments and principles supporting a party's position in the case, often accompanying motions and hearings.

Understanding these documents can facilitate clearer communication and streamline the judicial process in commercial litigation. Each form plays a role in ensuring that all parties are informed and that the case progresses efficiently within the legal framework.

Similar forms

  • UCS 840: The UCS 840 form serves as the primary Request for Judicial Intervention in New York. Like UCS 840C, it initiates proceedings in civil cases and specifies the types of relief sought by the plaintiff. Both forms require similar information about the parties involved and the nature of the case.
  • UCS 840A: This form is used for cases involving matrimonial issues. It is similar to UCS 840C in that both require detailed information about the parties and the issues at hand. Each form is tailored to a specific type of judicial intervention but serves the same purpose of notifying the court about the nature of the case.
  • UCS 840B: The UCS 840B form is related to cases that fall under civil rights and discrimination claims. Much like UCS 840C, it collects the necessary information which helps to categorize the legal matter for appropriate processing and judicial attention.
  • UCS 830: This is another form for Request for Judicial Intervention but is specific to trust and estates cases. Similar to UCS 840C, it includes sections for the cause of action, defendant information, and a request for the case to be assigned to a particular legal division.
  • UCS 900: This form is used in commercial litigation when parties seek disclosures. UCS 900 shares commonality with UCS 840C, as both forms outline the type of claims involved and the specific legal issues related to commercial transactions, ensuring appropriate procedural steps are taken in court.

Dos and Don'ts

Filling out the UCS 840C form can be a crucial step in your legal proceedings, particularly for cases involving commercial issues. To ensure a smooth process, here are five tips on what you should and should not do.

  • Do carefully read the instructions.
  • Do provide complete and accurate information.
  • Do check all applicable boxes for causes of action.
  • Do sign and date the form before submission.
  • Do keep a copy of the completed form for your records.
  • Don't leave any sections blank unless instructed to.
  • Don't use technical or overly complex language; keep it simple.
  • Don't forget to mention any applicable counterclaims.
  • Don't omit the monetary amounts, as this is essential information.
  • Don't submit the form without thorough proofreading to avoid errors.

By following these guidelines, you can help ensure your form is filled out correctly, which can facilitate the judicial process and avoid unnecessary delays. Thoroughness and attention to detail will serve you well in any legal endeavor.

Misconceptions

There are several misconceptions surrounding the UCS 840C form that can lead to confusion. Below is a list of these common misunderstandings along with clarifications:

  • Misconception 1: The form is only for commercial disputes.
  • While the UCS 840C form is primarily designed for commercial cases, it can also be utilized in various business-related matters, not all of which are strictly commercial disputes.

  • Misconception 2: Filing the form guarantees a case will be assigned to the Commercial Division.
  • Submitting the form does not automatically ensure assignment to the Commercial Division. The court evaluates the case's eligibility based on jurisdictional requirements.

  • Misconception 3: The form does not require any details about the claims.
  • The form clearly requires plaintiffs or petitioners to provide specific information about their claims, including types of actions and damages sought.

  • Misconception 4: Only larger businesses can use the form.
  • Any business, regardless of size, can file this form if their case falls under the designated types of actions outlined in it.

  • Misconception 5: The UCS 840C form cannot be amended once submitted.
  • It is possible to amend the form or add additional information if required, but it must be done in accordance with court procedures.

  • Misconception 6: Counterclaims are not mentioned in the form.
  • The form contains a section specifically for defendants or respondents to include counterclaims, ensuring all relevant issues are addressed.

  • Misconception 7: The form is only relevant in New York City.
  • This form is used throughout the state of New York, not just in New York City, making it important for any commercial matter within the state.

Key takeaways

When filling out the UCS 840C form, consider these important points:

  • Ensure all applicable sections are completed. You might need additional pages if necessary.
  • Clearly identify the cause(s) of action by checking the appropriate boxes. This helps streamline the judicial process.
  • Be aware that you can select multiple causes if they are relevant to your case.
  • State your claim for compensatory damages accurately, excluding punitive damages, costs, and fees.
  • Provide a brief description of any claim for equitable or declaratory relief. Clarity is key here.
  • Include any counterclaims from the defendant/respondent, as this information is crucial for the court.
  • Request assignment to the Commercial Division if your case fits the criteria. This can affect the handling of your case.
  • Confirm that your case meets the jurisdictional requirements as set forth in 22 NYCRR § 202.70. This is essential for successful filing.
  • Make sure to sign and print your name at the end of the form. An unsigned form may be rejected.

Following these takeaways will help ensure that your form is filled out correctly and can facilitate a smoother judicial process.