On a New York Request for Judicial Intervention, “issue joined” asks whether each defendant has served an answer or other responsive pleading to the complaint. You check “YES” or “NO” next to each defendant on the UCS-840 form, and if the answer is yes, you fill in the date the last responsive pleading was served. That tells the assigned judge whether the pleading phase is over and the case is ready for active management.
What “Issue Joined” Means
Joinder of issue is the moment a defendant puts their position on the record by responding to the lawsuit. In practice, that means serving an answer to the complaint. The answer might deny allegations, raise affirmative defenses, or assert counterclaims. Once it is served, the court can see what the parties actually disagree about.1Legal Information Institute. Joinder of Issue
Before that happens, the case is still in its earliest stage. The plaintiff has filed and served, but the defendant hasn’t weighed in, and the court doesn’t yet know whether the defendant plans to fight, settle, or ignore the case. That uncertainty is why the RJI asks about joinder status for every defendant individually.
How to Mark It on the UCS-840
The form asks about issue joined in two places. On the parties page, each defendant has a row with “YES” and “NO” checkboxes under the “Issue Joined” heading. You check the appropriate box for each defendant.2New York State Unified Court System. Request for Judicial Intervention (UCS-840)
The status section also includes a field labeled “Date Issue Joined.” If issue has been joined, enter the date the last responsive pleading was served. Together, these fields give the court a snapshot: which defendants are actively in the case, and when the dispute crystallized.2New York State Unified Court System. Request for Judicial Intervention (UCS-840)
Cases With More Than One Defendant
Each defendant’s joinder status is tracked separately. One defendant may have already answered while another is still within the time to respond or hasn’t been served yet. Check “YES” only for defendants who have actually served a responsive pleading, and “NO” for everyone else.3New York State Unified Court System. How to File a Request for Judicial Intervention
What Counts as a Responsive Pleading
The most common responsive pleading is an answer, which directly addresses the complaint’s allegations. A motion to dismiss under CPLR 3211 also responds to the complaint, but in a different way: it argues the case should be thrown out rather than engaging with the factual claims. Whether a pre-answer motion to dismiss constitutes joinder of issue depends on the circumstances and the court’s treatment of that motion. The safest approach is to mark issue joined only when an actual answer has been served.
Filing the RJI Before Issue Is Joined
You don’t have to wait for an answer. Under 22 NYCRR 202.6(a), a party may file an RJI at any time after service of process, and certain filings require one if no judge has been assigned. The court will not accept a notice of motion, order to show cause, application for an ex parte order, notice of petition, or request for a preliminary conference unless an RJI is filed at the same time.4Legal Information Institute. New York Code 22 NYCRR 202.6
That means the RJI is often filed well before any answer is served. A plaintiff who needs emergency relief, such as a temporary restraining order, files the RJI with that application. A defendant who wants to file a motion to dismiss needs to file an RJI too, if one isn’t already on file. In these situations, you check “NO” for issue joined.3New York State Unified Court System. How to File a Request for Judicial Intervention
Only one RJI is filed per case. Whichever party first needs judicial involvement files it, and that filing triggers judge assignment for the life of the case.5New York State Unified Court System. How to File a Request for Judicial Intervention
Filing the RJI After Issue Is Joined
In many straightforward cases, neither side needs a judge right away. The plaintiff serves the complaint, the defendant serves an answer, and the parties may begin exchanging discovery informally. A case can proceed for some time before anyone files an RJI.5New York State Unified Court System. How to File a Request for Judicial Intervention
When one of them does need the court, often to schedule a preliminary conference and set discovery deadlines, they file the RJI and check “YES” for issue joined. The court then knows the pleading phase is behind the parties and the case is ready for active management. This is the scenario most people picture when they think about issue joined on the RJI: the answer is in, the disputes are defined, and a judge gets involved.
When a Defendant Never Answers
If a defendant doesn’t respond at all, issue is never joined as to that defendant. The plaintiff’s remedy is a default judgment under CPLR 3215. For claims involving a specific dollar amount, the plaintiff can apply to the clerk for judgment. For other claims, the plaintiff applies to the court.6New York State Senate. New York Civil Practice Law and Rules CVP 3215
There’s a deadline here that catches people off guard. If the plaintiff doesn’t take steps to enter the default judgment within one year of the default, the court will dismiss the complaint as abandoned. The defendant doesn’t even need to ask; the court can do it on its own.6New York State Senate. New York Civil Practice Law and Rules CVP 3215
An RJI is still required to process the default judgment application, though certain applications filed under CPLR 3215(a) are exempt from the filing fee.7New York State Unified Court System. 22 NYCRR 202.6 On the form itself, the defendant who never answered stays marked “NO.”