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Surrogate’s Court: Trial By Jury

  • By: Christopher C. Haner
  • Published: October 29, 2015

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.

Christopher C. Haner

Christopher C. Haner practices in the areas of Estate
Planning, Estate Administration, Estate Litigation,
Trusts, Elder Law, Medicaid Counseling and Guardianship.
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