2026 data 12 processes New York Courts

New York Legal Processes

Filing fees, waiting periods, and procedural requirements for 12 common civil processes routed through New York Courts. Plain-language reference, refreshed against state court fee schedules.

Data updated July 2026

Processes tracked

12 types

New York civil dockets

Average maximum filing fee

$357

Across all process types

Free-to-file processes

2 processes

No statutory filing fee

Longest waiting period

45 days

Guardianship

How Civil Cases Typically Resolve Nationally

This is national context, not New York-specific data, no comprehensive national dataset breaks down settlement vs. dismissal vs. default-judgment rates by state, and most state court systems do not centrally track settlement outcomes at all. The one well-documented figure: very few civil cases reach a trial verdict.

Cases reaching a jury or bench trial verdict 2.0%

Trial rates have fallen from roughly 12% (1970s) to 2% or below today

Source: National Center for State Courts, Court Statistics Project; Barkai & Kent, "A Profile of Settlement," Court Review Vol. 42. The rest of a civil docket resolves through settlement, dismissal, default judgment, or other non-trial disposition, in proportions that vary by case type and jurisdiction and are not centrally reported nationally.

Understanding Civil Court Costs in New York

This page covers 12 civil process types tracked for New York, all routed through the New York Courts. Across those 12 processes, the average maximum filing fee is $357, and 2 of them can be filed at no cost. The highest filing fee on record here is for probate, which can reach $1,250 in complex cases. County courthouses often layer additional charges on top of the state fee schedule, service-of-process, motion filing, certified copies, and jury demand fees are common examples.

Waiting periods and procedural timelines vary more than filing fees. Guardianship in New York has the longest mandatory waiting period on this page at 45 days, meaning the court cannot issue a final order until that cooling-off window expires. Actual calendar time from filing to resolution is typically longer than the statutory minimum because of court backlogs, response deadlines, and service requirements. Uncontested matters move fastest; any contested issue, money, custody, property, or grounds, extends the case substantially.

This data is compiled from New York court websites, published fee schedules, and legal-aid resources, and it is educational only, it is not legal advice. Every civil matter has case-specific facts that affect outcome, strategy, and cost. Before filing, verify current fees with the clerk of court in the county where you plan to file, check whether you qualify for a fee waiver, and consider a free legal-aid consultation for anything involving children, housing, protective orders, or significant assets.

How New York compares

Peer states tracked on the same civil-process schedule

New York tracks 12 civil-process types with an average maximum filing fee of $357. Use the peer comparison to gauge whether New York courts run pricier or cheaper than neighboring jurisdictions, and whether procedural complexity (number of process types tracked) is broadly typical.

Selected

NY

New York

$357 avg. max filing fee
Processes tracked
12

CA

California

$539 avg. max filing fee
Processes tracked
12

FL

Florida

$418 avg. max filing fee
Processes tracked
12

All Legal Processes in New York

12 types 2 free
Process Filing Fee Details
Civil Lawsuit
$210–$500 Details →
Court Mediation
$0–$400 Details →
Divorce
$335–$400 Details →
Domestic Violence Protection
Free Details →
Eviction
$45–$500 Details →
Guardianship
$300–$450 Details →
Name Change
$65–$210 Details →
Probate
$215–$1,250 Details →
Property Dispute
$210–$500 Details →
Restraining Order
Free Details →
Small Claims
$20–$35 Details →
Tenant Rights
$20–$35 Details →

Civil Lawsuit

$210–$500

Supreme Court. Index number $210 + RJI $95.

Timeline: 18-48 months
Full requirements & steps →

Court Mediation

$0–$400

Community mediation centers free. Court-annexed mediation varies.

Timeline: 1-3 sessions
Full requirements & steps →

Divorce

$335–$400

Index number $210 + Request for Judicial Intervention $95 + other fees. Total ~$335-400.

Timeline: Uncontested: 3-6 months. Contested: 1-3 years.
Full requirements & steps →

Domestic Violence Protection

Free

Free. Family Court or Criminal Court.

Timeline: Temporary order same-day; full hearing within 3-5 days
Full requirements & steps →

Eviction

$45–$500

Housing Court filing ~$45-$500 depending on borough.

Timeline: NYC: 3-12 months due to backlog. Upstate: 1-3 months.
Full requirements & steps →

Guardianship

$300–$450

Surrogate Court fees $300-$450. Attorney fees typical in contested cases.

Timeline: 2-4 months
Full requirements & steps →

Name Change

$65–$210

NYC Supreme Court ~$210. Upstate varies. Publication required in two newspapers.

Timeline: 3-6 months
Full requirements & steps →

Probate

$215–$1,250

Surrogate Court. Fee based on estate value.

Timeline: 9-24 months
Full requirements & steps →

Property Dispute

$210–$500

Supreme Court for most real property actions.

Timeline: 1-3 years
Full requirements & steps →

Restraining Order

Free

Orders of Protection free in Family Court and Criminal Court.

Timeline: Temporary order same-day; full hearing within 3-5 days
Full requirements & steps →

Small Claims

$20–$35

$20 for claims up to $1,000; $35 for claims over $1,000.

Timeline: 4-8 weeks to hearing
Full requirements & steps →

Tenant Rights

$20–$35

Housing Court for rent overcharges. Small claims for deposits.

Timeline: 1-6 months
Full requirements & steps →

Related

Data sourced from official state court datasets and federal civil-justice records. See our methodology for details. Retrieved and formatted by PlainCivil