Surrogate’s Court: Trial By Jury

As in all courts in the State of New York, if a trial by jury is desired in the Surrogate’s Court, a trial by jury must be demanded. In each case initiated in the Surrogate’s Court, a jury demand must be made by the Respondent in the Respondent’s answer or objections to the Petitioner’s petition. If the Petitioner wants the matter tried before a jury, the Petitioner must demand a trial by jury within 6 days after he or she is served with the Respondent’s answer or objections.

If a demand for a trial by jury is not made as outlined above, the case will either be tried by the Surrogate himself/herself or by a referee appointed by the Surrogate’s Court to hear the matter.