You were hurt on a broken city sidewalk, hit by a sanitation truck, or injured on school property. Your lawyer filed a notice of claim, and a few weeks later a letter arrives demanding that you appear for an “examination pursuant to General Municipal Law § 50-h.” Most people have never heard of a 50-h hearing until that letter shows up. This guide from Yakov Mushiyev & Associates explains what the hearing is, the deadlines built into the statute, what you’ll be asked, and how to walk in prepared.
What is a 50-h hearing?
A 50-h hearing (also written 50h hearing or 50 h hearing) is a sworn question-and-answer session that a municipality can require after you file a notice of claim against it. It comes from General Municipal Law § 50-h, which gives a city, county, town, village, fire district, ambulance district or school district the right to examine a claimant “relative to the occurrence and extent of the injuries or damages” being claimed.
The examination is done by oral questions under oath or affirmation, and it can also include a physical examination by a qualified physician chosen by the municipality. Think of it as the government’s first look at your case before any lawsuit is filed.
Where it fits in a claim against the city
- Notice of claim. Most claims against a municipality start with a notice of claim, generally due within 90 days of the incident under General Municipal Law § 50-e. In New York City it is filed with the Comptroller; see the NYC Comptroller’s claim filing page.
- Demand for a 50-h hearing. The municipality may serve a written demand for an examination.
- The hearing itself. You testify under oath, and a physical exam may follow.
- The lawsuit. If the claim isn’t resolved, the case is filed in court, generally within one year and 90 days under General Municipal Law § 50-i. Our guide to the statute of limitations for suing a city in New York covers those deadlines in more detail, and Nassau County readers can see our Nassau County notice of claim guide.
The deadlines inside § 50-h
The statute has its own clock, and it cuts both ways:
- The demand has a deadline. A demand isn’t effective unless it’s served within 90 days of the date the notice of claim was filed (100 days if the notice was served on the Secretary of State).
- Location. If the hearing is set outside the municipality you’re claiming against, you can demand, within 10 days of service, that it be moved inside that municipality.
- The 90-day window to hold it. If the examination isn’t conducted within 90 days of service of the demand, you may start the lawsuit.
- The exception. That rule doesn’t help you if you failed to appear or asked for an adjournment beyond the 90 days. In that case, you can’t sue until you comply, and the municipality must reschedule for the earliest available date.
The practical point: once a valid demand is served, no lawsuit can be commenced until you’ve complied with it. Missing the hearing can stall your case at the worst possible time, so don’t assume the hearing pauses the separate deadline to sue. Track both dates with your attorney.
Your rights at the hearing
- A lawyer. The statute says you have the right to be represented by counsel.
- Company at the physical exam. If a physical exam is required, you may have your own physician present, along with a relative or another person you choose.
- A record. Every question and answer is taken down unless the parties agree otherwise. The transcript isn’t open to public inspection without a court order, but it must be given to you or your attorney on request.
Why your answers matter later
Under § 50-h(4), the transcript can be read in evidence by either side at trial, at an assessment of damages or on a motion. If your testimony at the hearing and your testimony later in a deposition don’t match, the defense will point that out. That’s why preparation matters as much here as it does for a deposition; our article on what happens after a deposition explains the next stage.
What they usually ask
Every hearing is different, but the questions tend to cover the same ground:
- Your background, address, education and work history
- Exactly where and how the incident happened: the street, the curb, the defect, the lighting, the weather
- What you saw before you fell or were struck, and who was with you
- Your injuries, every provider who treated you, and any prior injuries to the same body parts
- Time missed from work and how the injury affects daily life
How to prepare
- Reread your notice of claim. Your testimony should line up with the location and description it gives.
- Revisit the photos. Know which corner, which slab, which step. Precise locations matter in claims against the city.
- List your doctors and dates. An injury diary makes this much easier.
- Be honest about old injuries. Hiding a prior injury does far more damage than disclosing it.
- Answer only the question asked. Short, accurate answers. “I don’t know” and “I don’t remember” are acceptable when true.
- Don’t guess at distances or times. Give your best estimate and say it’s an estimate.
50-h hearing vs. deposition
| 50-h hearing | Deposition (EBT) | |
|---|---|---|
| When | After the notice of claim, before a lawsuit | After the lawsuit is filed |
| Who asks the questions | The municipality’s attorney or designee | The defense attorney |
| Under oath? | Yes | Yes |
| Physical exam possible? | Yes, under § 50-h | Handled separately during the lawsuit |
| Can it be used at trial? | Yes, under § 50-h(4) | Yes |
Other public agencies have their own version
Section 50-h covers municipalities and districts. Some public authorities have similar powers under their own statutes. For example, Public Authorities Law § 1212 lets the New York City Transit Authority require a claimant to be sworn and answer questions about a claim. If you were hurt on the subway, see our subway accident lawyer guide.
Frequently asked questions
Do I have to attend a 50-h hearing?
If a valid demand was served on time, you generally can’t sue the municipality until you comply. Skipping it can block or delay your case, so talk to your lawyer before deciding anything.
Can my 50-h hearing be rescheduled?
Adjournments happen, but if you ask to push the hearing beyond the 90-day window, you lose the right to sue before it’s held. The municipality then has to reschedule for the earliest available date.
Is a 50-h hearing held in a courtroom?
No. It’s an examination under oath, usually in an office with someone recording every question and answer. There is no judge or jury.
What does “general municipal law 50-h” have to do with a car accident?
If the other vehicle belonged to a city, county, town, village or school district, the claim runs through the notice of claim process and a 50-h hearing may follow. See our car accident page.
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