What Is a 50-h Hearing? A Walkthrough From the Letter to the Transcript

Before the letter: where the hearing comes from

A claim against a city, county, town, village, fire district, ambulance district or school district generally starts with a written notice of claim, served within 90 days of the incident under General Municipal Law § 50-e. Once that notice is filed, General Municipal Law § 50-h gives the public body the right to examine you about the incident and your injuries before you can sue. That examination is the 50-h hearing.

The purpose is to let the public body investigate the claim early and decide whether to settle it. Many public authorities that are not cities or towns have their own statutes on claims, so whether a hearing applies to a particular authority depends on the law that governs it. Our guide to New York's filing deadlines explains the notice of claim in more detail.

The letter arrives

The demand for a hearing must be in writing. It is served on you, or on your lawyer if you have one. Under § 50-h, the demand has to state who will conduct the examination, the time and place, the subject matter, and whether a physical examination will be required. To be effective, it generally must be served within 90 days after your notice of claim was filed.

If the hearing is scheduled at a location outside the municipality you have a claim against, you can ask, within ten days of being served, for it to be held inside that municipality. If you have a lawyer, the letter goes to them, and they will coordinate the date with you.

Before the hearing: preparing

Preparation is mostly about reviewing, not memorizing. The goal is to give accurate, consistent testimony. With your lawyer, you will usually go over:

• The facts of the incident: date, time, place, weather, lighting, what you were doing, and exactly what happened.
• Where you went for medical care, in what order, and what you were told.
• Your injuries, your symptoms then and now, and what you can no longer do.
• Your work and earnings, and time missed.
• Any prior injuries or accidents, especially to the same part of your body.
• Your notice of claim, so your testimony is consistent with it.

It also helps to look again at photographs of the scene and of your injuries. If you have not photographed the defect or location yet and it is still there, do it now.

The day of the hearing: who is in the room

The hearing is not held in a courtroom and there is no judge or jury. It usually takes place in an office, or sometimes by video. Present are you, your lawyer, an attorney or examiner for the public body, and a court reporter who takes down every question and answer. Under § 50-h, you are entitled to be represented by a lawyer, and the testimony is given under oath.

If you need an interpreter, ask in advance. Testifying in your own language is better than struggling in a second one, and the transcript will reflect exactly what was said.

The questions

The examiner will ask about your background, the incident and your injuries. Typical questions include:

• Your name, address, age, education and work history.
• How many times you had passed the location before, and whether you had noticed the condition.
• A step-by-step description of what happened.
• Where you were looking, what you were carrying, what shoes you were wearing.
• Who was with you and who saw it happen.
• Where you went for treatment and what treatment you received.
• What you could do before and cannot do now.
• Prior accidents, injuries and claims.

Some practical rules make a big difference. Listen to the whole question. Answer only what is asked. If you do not understand, say so. If you do not know or do not remember, say that rather than guessing. Do not exaggerate, and do not minimize. Estimates are fine if you say they are estimates. The examiner is not your opponent in a courtroom sense, but everything you say can be used later.

The physical examination

The demand may also require a physical examination by a doctor chosen by the public body. Under § 50-h, you are entitled to have your own doctor present, and a relative or another person of your choosing. Requiring this exam now does not stop the public body from asking for another examination later in the lawsuit.

After the hearing: the transcript

The court reporter prepares a transcript of the questions and answers, together with the examining doctor's report if there was a physical examination. That record is not available for public inspection, but it must be given to you or your lawyer on request.

The transcript matters because it can be read in evidence at trial by either side. If your testimony at trial differs from what you said at the 50-h hearing, the other side will point that out. That is why preparation and accuracy matter so much more than speed.

Common mistakes at a 50-h hearing

• Guessing. If you do not remember how far you walked or exactly what time it was, say so, or give an estimate and call it one.
• Forgetting prior injuries. Leaving out an earlier back or knee problem, even by accident, can be used to attack your credibility later. Review your history before the hearing.
• Minimizing to seem tough. Saying you are "fine now" when you still have pain and limitations can undercut the claim.
• Overstating. Exaggerating is just as harmful. Describe what you actually experience.
• Volunteering. Long, unprompted stories create inconsistencies. Answer the question that was asked.
• Bringing documents you have not reviewed. Anything you bring may be asked about. Go over it with your lawyer first.

Can the hearing lead to a settlement?

Sometimes. The public body uses the hearing to evaluate the claim, and some claims are resolved before a lawsuit is ever filed. More often, the hearing is one step on the way to a lawsuit, and settlement discussions happen later, once medical treatment has progressed. Either way, a clear, credible hearing puts the claim in a better position.

Why the hearing affects when you can sue

Once a hearing has been demanded properly, you generally cannot start a lawsuit until you have complied with it. If the public body does not hold the hearing within 90 days of serving the demand, you may sue anyway. But if you fail to appear, or you ask for an adjournment that pushes the hearing past that 90-day window, you must still attend before suing. When a claimant asks to postpone, the public body must reschedule for the earliest available date.

This matters because the lawsuit itself has its own short deadline. A suit against a city or other public body generally must be filed within one year and 90 days of the incident under General Municipal Law § 50-i. Delays in scheduling the hearing can squeeze that time, so it should be scheduled and attended promptly.

Where 50-h hearings come up

Any claim against a public body can lead to one. On this site, you can read more about the situations that most often involve them: falls on city sidewalks, accidents involving Sanitation trucks, injuries to children in school bus accidents, and injuries on the subway.

Claims against public bodies are handled by our attorneys on a contingency fee, from the notice of claim through the hearing and the lawsuit.

Common questions

What is a 50-h hearing in New York?

It is an examination under oath that a city, county, town, village, fire district, ambulance district or school district may demand after a notice of claim is filed, to question the claimant about the incident and injuries before a lawsuit.

Do I have to attend a 50-h hearing?

If it was properly demanded, generally yes. You cannot start a lawsuit until you comply, unless the public body fails to hold the hearing within 90 days of serving the demand and the delay was not caused by you.

Can I bring a lawyer to my 50-h hearing?

Yes. The statute gives you the right to be represented by counsel. If a physical examination is required, you may also have your own doctor and another person present.

Is a 50-h hearing like a trial?

No. There is no judge or jury. It is a recorded question-and-answer session under oath, usually in an office or by video, but the transcript can be used later at trial.

Can I get a copy of my 50-h transcript?

Yes. The transcript is not public, but it must be provided to you or your lawyer on request.

This page is general information about New York law. It is not legal advice, and reading it does not create an attorney-client relationship with Davidov & Cohen Law. To talk about your own situation, tell us what happened.