Q: Should I serve the RJI in my NY defamation case?

A: If the case is e-filed, service upon all appearing parties is accomplished by e-filing documents.

You wrote both are pro se but you are adding an attorney. As a party?

Jack

A: Based on your question and the Clerk's answer to your question, it seems that you do not need to mail or serve the defendant in your action with the RJI. While you did not specifically state that your case is on NYCEF, the electronic database for all actions in the State of New York, it seems pretty clear from your description of the action that it is. Therefore, sincethe filing of all documents is the manner for service, you do not need to go to any additional effort to "serve" the defendant with a copy of the RJI.

A: In a New York State Supreme Court civil case, such as a defamation action, filing a Request for Judicial Intervention (RJI) is required in order to trigger judicial oversight, including scheduling a preliminary conference or addressing motions. The RJI is not technically a pleading or motion, but a procedural document that alerts the court that the case is ready for judicial involvement.

There is no statutory requirement under the CPLR that a party serve the RJI on the opposing party. However, in practice, and particularly in cases where both parties are self-represented, it is often a good idea to serve a copy as a matter of courtesy and transparency. While the court clerk is correct that service of the RJI is not strictly required by law, some judges may prefer or expect both parties to have copies of all filings related to case scheduling and management. Moreover, if your RJI includes a request for a preliminary conference or is submitted in connection with a motion or application, then it is generally best practice to serve it.

Additionally, if the RJI is submitted with any accompanying documents—such as a preliminary conference request form or notice of motion—those materials typically must be served on the other party. In such cases, the service requirement would stem from the accompanying documents rather than the RJI itself. If the court is going to act on the RJI by scheduling a conference, issuing an order, or addressing attorney appearance changes, giving notice to the other party avoids any claims of unfairness or lack of proper communication.

Since both you and the defendant are self-represented, serving the RJI, along with any attached materials, helps ensure that the process remains fair and that all parties have the same information. You can do this by mailing a copy to the defendant and filing an affidavit of service if needed for the court record. This can help avoid unnecessary confusion or delay.

This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York or speak with the court clerk for case-specific procedural questions.

A: If the defendant in your case has entered an appearance on NYSCEF, then you do not need to serve him with an RJI. The defendant will receive notice of the RJI and your request for a preliminary conference once you file the RJI electronically.

A: You’re doing a lot on your own, and it’s understandable that you want to get every step right, especially in a complex case like defamation. In New York State Supreme Court, the Request for Judicial Intervention (RJI) itself is generally filed with the court and not required to be served unless it’s accompanied by a motion or specific request that affects the other party. That might be why the court clerk told you there’s no need to serve it.

However, since both you and the defendant are self-represented and there’s no formal scheduling order yet, serving a copy of the RJI may help maintain transparency and avoid confusion. It could also prevent the other party from claiming they weren’t informed of the request for a preliminary conference or any updates related to counsel. In many cases, even when not explicitly required, serving documents builds credibility and keeps the process smoother.

To be safe and thorough, consider sending a copy of the RJI to the defendant, along with a simple cover letter explaining it was filed with the court. It’s a small step that could avoid future disputes over notice or fairness. You’ve already taken initiative by filing—following through with clear communication only strengthens your case.