An action is commenced by filing a summons and complaint or summons with notice in accordance with rule twenty-one hundred two of this chapter. CPLR 304 (a) (amended eff 7/3/07).
For more information regarding filing requirements, See the Filing section of this guide and New York County SmartRules™ procedural guide: FILING DOCUMENTS.
Filing means the delivery of the summons with notice, summons and complaint or petition to the clerk of the court in the county in which the action or special proceeding is brought or any other person designated by the clerk of the court for that purpose. The original and a copy of the filed papers shall be date stamped by a court clerk who shall file the original and maintain a record of the date of the filing and who shall immediately return the copy to the party who brought the filing, except where filing is by electronic means. Such filing shall not be accepted unless any fee required as specified in section 8018 of this chapter has been paid. Where filing is by electronic means, any fee required shall be paid in the time and manner authorized by the chief administrator of the court by rule. CPLR 304 (c) (amended eff 7/3/07).
The New York County Civil Branch filing fees are set forth in the court Operating Statement, online at https://www.nycourts.gov/courts/1jd/supctmanh/court_fees.shtml.
Dollar Amount of Claim
The Supreme Court has jurisdiction over all claims regardless of dollar amount, but certain lower courts within the state system have concurrent jurisdiction within specific monetary limits. It is New York State policy that all claims should be brought in the lowest level court jurisdictionally competent to hear the claim. CPLR 8102.
To enforce this policy, the state has imposed penalties against claimants who bring claims in the New York County Supreme Court and recover less than $6,000. CPLR 8102. Such claims should be originated in New York City Civil Court, which has jurisdiction up to $25,000.
More information regarding commencing an action in the New York County Supreme Court can be found on the court's Commencement of Cases page.
A party seeking assignment to the Commercial Division must indicate on the RJI the appropriate Nature of Action or Proceeding and must attach a completed Commercial Division RJI Addendum. Uniform R. 202.70 (e).
There are additional requirements for assignment to the Commercial Division and special rules for proceedings in the commercial division. For example, for each county there is a particular monetary threshold. All Commercial Division requirements can be found at Uniform R. 202.70.
Some New York Supreme Court jurisdictions have local requirements, including forms and rules, regarding assignment of actions to the commercial division and proceedings in the commercial division. See the court's website for more information.
The CPLR requires that all statements contained in a pleading be sufficiently particular to give the court and the parties notice of the transactions and/or occurrences alleged and the material elements of each cause of action. CPLR 3013.
Pleadings shall be liberally construed. Defects shall be ignored if a substantial right of a party is not prejudiced. CPLR 3026.
Every pleading should consist of plain and concise statements in consecutively numbered paragraphs, with each paragraph containing a single allegation. CPLR 3014.
Prior paragraphs within a pleading may be incorporated in subsequent paragraphs by referencing the paragraph number. CPLR 3014.
Separate causes of action or defenses should be separately stated and may be stated regardless of consistency. Causes of action or defenses may be stated alternatively or hypothetically. CPLR 3014.
A copy of any writing attached to a pleading is considered to be a part of the pleading for all purposes. CPLR 3014.
A verification is a statement under oath that the pleading is true to the knowledge of the deponent, except as to matters alleged on information and belief, and that as to those matters he believes it to be true.
Unless otherwise specified by law, where a pleading is verified, each subsequent pleading shall also be verified.
Every complaint must include a demand for the relief the plaintiff requests. CPLR 3017(a).
Pleadings in actions for personal injury or wrongful death are subject to certain additional requirements. CPLR 3017(c).
In cases where monetary relief is sought, a demand for a specific amount is common, but case law suggests that this is not essential as a matter of pleading. In medical malpractice actions, and actions against municipal corporations, case law holds that a specific dollar amount should not be included in the demand for money damages.
CPLR 3015 and CPLR 3016 contain special pleading requirements for certain matters and actions, including the following:
The performance or occurrence of a condition precedent in a contract need not be pleaded. A denial of performance or occurrence shall be made specifically and with particularity. CPLR 3015 (a).
Where any party is a corporation, the complaint shall so state and, where known, it shall specify the state, country or government by or under whose laws the party was created. CPLR 3015 (b).
All papers served or filed in the Court, including Complaints, should begin with a caption. The caption should state the name of the court, the venue, the title of the action, and the nature of the paper (in this case, Complaint). CPLR 2101 (c) (amended eff 1/1/12).
Each paper served or filed shall be indorsed with the name, address and telephone number of the attorney for the party serving or filing the paper, or if the party does not appear by attorney, with the name, address and telephone number of the party. CPLR 2101 (d) (amended eff 1/1/12).
Every pleading, written motion, and other paper, served on another party or filed or submitted to the court shall be signed by an attorney, or by a party if the party is not represented by an attorney, with the name of the attorney or party clearly printed or typed directly below the signature. Absent good cause shown, the court shall strike any unsigned paper if the omission of the signature is not corrected promptly after being called to the attention of the attorney or party. Uniform R. 130-1.1a (a) (amended eff 4/5/17)
A party or attorney's signature on any pleading or paper served on another party or filed or submitted to the court constitutes a certification by the signatory that
(1) the presentation of the paper or any contentions contained within it are not frivolous, to the best of the signatory's knowledge, information and belief, formed after a reasonable inquiry and
(2) if the paper is an initiating pleading,
For more information, see New York County Supreme Court SmartRules™ procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS.
A summons shall specify the basis of the venue designated and if based upon the residence of the plaintiff it shall specify the plaintiff`s address, and also shall bear the index number assigned and the date of filing with the clerk of the court.
A third-party summons shall also specify the date of filing of the third-party summons with the clerk of the court.
The summons in an action arising out of a consumer credit transaction shall prominently display at the top of the summons the words "consumer credit transaction" and, where a purchaser, borrower or debtor is a defendant, shall specify the county of residence of a defendant, if one resides within the state, and the county where the consumer credit transaction took place, if it is within the state.
An action may be commenced electronically by filing the initiating documents through NYSCEF. Uniform R. 202.5-b(b)(1) (amended eff 12/15/17).
This document is required by the CPLR where service is made by mail, rather than personal delivery. Recommended language and format for this document are contained within CPLR 312-a.
The initial filing in any action must be accompanied by a completed index number purchase sheet and cover sheet. These forms can be obtained from the clerk's office. SUPREME COURT, CIVIL BRANCH, NEW YORK COUNTY SUMMARY OF OPERATIONS, online at https://www.nycourts.gov/courts/1jd/supctmanh/court_fees.shtml.
In any action for medical, dental or podiatric malpractice, the complaint shall be accompanied by a certificate, executed by the attorney for the plaintiff. The matters that must be set forth are enumerated in Civil Practice Rule 3012-a. CPLR 3012-a.
Proof of service is required for Complaint s and discussed in detail in New York County SmartRules™ procedural guide: SERVICE OF PAPERS.
Electronic Filing, including initiating documents, is required or permitted for some types of actions in some New York Supreme Courts. For more detailed information regarding electronic and traditional filing and service, see New York County Supreme Court SmartRules™ procedural guide: FILING DOCUMENTS and New York County Supreme Court SmartRules™ procedural guide: SERVICE OF PAPERS.
A party who has not appeared must be served in the manner provided for service of summons. CPLR 3012 (a). See New York County SmartRules™ procedural guide: SERVICE OF PROCESS.
Electronic filing is mandatory for all cases (except for article 70 and 78 proceedings, matrimonial cases). Unrepresented parties are not required to e-file but may do so if they choose to. Procedures for Electronically Filed Cases (amended eff 8/15/19).
Fees for the New York Unified Court system can be found online at: https://www.courts.state.ny.us/forms/index.shtml.
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