New York Civil Practice
Law & Rules
NYCPLR Article 21,
Papers
2101. Form of papers.
(a) Quality, size and legibility.
(b) Language.
(c) Caption.
(d) Indorsement by attorney.
(e) Copies.
(f) Defects in form; waiver.
2102. Filing of papers.
2103. Service of papers.
(a) Who can serve.
(b) Upon an attorney.
(c) Upon a party.
(d) Filing.
(e) Parties to be served.
(f) Definitions.
2104. Stipulations.
2105. Certification by attorney.
2106. Affirmation of truth of statement by attorney, physician,
osteopath or dentist.
Rule 2101. Form of papers. (a) Quality, size and legibility. Each
paper served or filed shall be durable, white and, except for summonses,
subpoenas, notices of appearance, notes of issue, orders of protection,
temporary orders of protection and exhibits, shall be eleven by eight
and one-half inches in size. The writing shall be legible and in black
ink. Beneath each signature shall be printed the name signed. The
letters in the summons shall be in clear type of no less than
twelve-point in size. Each other printed or typed paper served or filed,
except an exhibit, shall be in clear type of no less than ten-point in
size.
(b) Language. Each paper served or filed shall be in the English
language which, where practicable, shall be of ordinary usage. Where an
affidavit or exhibit annexed to a paper served or filed is in a foreign
language, it shall be accompanied by an English translation and an
affidavit by the translator stating his qualifications and that the
translation is accurate.
(c) Caption. Each paper served or filed shall begin with a caption
setting forth the name of the court, the venue, the title of the action,
the nature of the paper and the index number of the action if one has
been assigned. In a summons, a complaint or a judgment the title shall
include the names of all parties, but in all other papers it shall be
sufficient to state the name of the first named party on each side with
an appropriate indication of any omissions.
(d) Indorsement by attorney. 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.
(e) Copies. Except where otherwise specifically prescribed, copies,
rather than originals, of all papers, including orders, affidavits and
exhibits may be served or filed. Where it is required that the original
be served or filed and the original is lost or withheld, the court may
authorize a copy to be served or filed.
(f) Defects in form; waiver. A defect in the form of a paper, if a
substantial right of a party is not prejudiced, shall be disregarded by
the court, and leave to correct shall be freely given. The party on whom
a paper is served shall be deemed to have waived objection to any defect
in form unless, within two days after the receipt thereof, he returns
the paper to the party serving it with a statement of particular
objections.
(g) Service by electronic means. Each paper served or filed by
electronic means, as defined in subdivision (f) of rule twenty-one
hundred three, shall be capable of being reproduced by the receiver so
as to comply with the provisions of subdivisions (a) through (d) of this
rule.
Rule 2102. Filing of papers. Except where otherwise prescribed by law
or order of court, papers required to be filed shall be filed with the
clerk of the court in which the action is triable. In a proceeding not
brought in a court, papers required to be filed shall be filed with the
clerk of the county in which the proceeding is brought.
Rule 2103. Service of papers.
(a) Who can serve. Except where
otherwise prescribed by law or order of court, papers may be served by
any person not a party of the age of eighteen years or over.
(b) Upon an attorney. Except where otherwise prescribed by law or
order of court, papers to be served upon a party in a pending action
shall be served upon the party`s attorney. Where the same attorney
appears for two or more parties, only one copy need be served upon the
attorney. Such service upon an attorney shall be made:
1. by delivering the paper to the attorney personally; or
2. by mailing the paper to the attorney at the address designated by
that attorney for that purpose or, if none is designated, at the
attorney`s last known address; service by mail shall be complete upon
mailing; where a period of time prescribed by law is measured from the
service of a paper and service is by mail, five days shall be added to
the prescribed period; or
3. if the attorney`s office is open, by leaving the paper with a
person in charge, or if no person is in charge, by leaving it in a
conspicuous place; or if the attorney`s office is not open, by
depositing the paper, enclosed in a sealed wrapper directed to the
attorney, in the attorney`s office letter drop or box; or
4. by leaving it at the attorney`s residence within the state with a
person of suitable age and discretion. Service upon an attorney shall
not be made at the attorney`s residence unless service at the attorney`s
office cannot be made; or
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Article 21 Continued . . .
5. by transmitting the paper to the attorney by facsimile
transmission, provided that a facsimile telephone number is designated
by the attorney for that purpose. Service by facsimile transmission
shall be complete upon the receipt by the sender of a signal from the
equipment of the attorney served indicating that the transmission was
received, and the mailing of a copy of the paper to that attorney. The
designation of a facsimile telephone number in the address block
subscribed on a paper served or filed in the course of an action or
proceeding shall constitute consent to service by facsimile transmission
in accordance with this subdivision. An attorney may change or rescind a
facsimile telephone number by serving a notice on the other parties; or
6. by dispatching the paper to the attorney by overnight delivery
service at the address designated by the attorney for that purpose or,
if none is designated, at the attorney`s last known address. Service by
overnight delivery service shall be complete upon deposit of the paper
enclosed in a properly addressed wrapper into the custody of the
overnight delivery service for overnight delivery, prior to the latest
time designated by the overnight delivery service for overnight
delivery. Where a period of time prescribed by law is measured from the
service of a paper and service is by overnight delivery, one business
day shall be added to the prescribed period. "Overnight delivery
service" means any delivery service which regularly accepts items for
overnight delivery to any address in the state; or
* 7. by transmitting the paper to the attorney by electronic means
where and in the manner authorized by the chief administrator of the
courts by rule upon the party`s written consent. The subject matter
heading for each paper sent by electronic means must indicate that the
matter being transmitted electronically is related to a court
proceeding.
* NB Repealed July 1, 2003
(c) Upon a party. If a party has not appeared by an attorney or the
party`s attorney cannot be served, service shall be upon the party by a
method specified in paragraph one, two, four, five or six of subdivision
(b) of this rule.
(d) Filing. If a paper cannot be served by any of the methods
specified in subdivisions (b) and (c), service may be made by filing the
paper as if it were a paper required to be filed.
(e) Parties to be served. Each paper served on any party shall be
served on every other party who has appeared, except as otherwise may be
provided by court order or as provided in section 3012 or in subdivision
(f) of section 3215. Upon demand by a party, the plaintiff shall supply
that party with a list of those who have appeared and the names and
addresses of their attorneys.
(f) Definitions. For the purposes of this rule:
1. "Mailing" means the deposit of a paper enclosed in a first class
postpaid wrapper, addressed to the address designated by a person for
that purpose or, if none is designated, at that person`s last known
address, in a post office or official depository under the exclusive
care and custody of the United States Postal Service within the state;
2. "Electronic means" means any method of transmission of information
between computers or other machines designed for the purpose of sending
and receiving such transmissions, and which allows the recipient to
reproduce the information transmitted in a tangible medium of
expression;
3. "Facsimile transmission" means any method of transmission of
documents to a facsimile machine at a remote location which can
automatically produce a tangible copy of such documents.
* Rule 2104. Stipulations. An agreement between parties or their
attorneys relating to any matter in an action, other than one made
between counsel in open court, is not binding upon a party unless it is
in a writing subscribed by him or his attorney or reduced to the form of
an order and entered.
* NB Effective until July 14, 2003
* Rule 2104. Stipulations. An agreement between parties or their
attorneys relating to any matter in an action, other than one made
between counsel in open court, is not binding upon a party unless it is
in a writing subscribed by him or his attorney or reduced to the form of
an order and entered. With respect to stipulations of settlement and
notwithstanding the form of the stipulation of settlement, the terms of
such stipulation shall be filed by the defendant with the county clerk.
* NB Effective July 14, 2003
S 2105. Certification by attorney. Where a certified copy of a paper
is required by law, an attorney admitted to practice in the courts of
the state may certify that it has been compared by him with the original
and found to be a true and complete copy. Such a certificate, when
subscribed by such attorney, has the same effect as if made by a clerk.
Rule 2106. Affirmation of truth of statement by attorney, physician,
osteopath or dentist. The statement of an attorney admitted to practice
in the courts of the state, or of a physician, osteopath or dentist,
authorized by law to practice in the state, who is not a party to an
action, when subscribed and affirmed by him to be true under the
penalties of perjury, may be served or filed in the action in lieu of
and with the same force and effect as an affidavit.