The Civil Practice Law and Rules (CPLR) in New York

Short Title and Applicability

The CPLR, enacted in 1962, is the primary source of procedural law for civil actions in New York State. It governs all aspects of civil practice, from the commencement of an action to its conclusion. The CPLR is officially known as Chapter 308 of the Consolidated Laws of New York.

Key Facts

  1. Short Title and Applicability: The CPLR is officially known as Chapter 308 of the Consolidated Laws of New York. It applies to civil practice and prescribes rules of civil procedure in the state courts.
  2. Limitations of Time: Article 2 of the CPLR deals with limitations of time for commencing various types of civil actions.
  3. Jurisdiction and Service: Article 3 of the CPLR covers jurisdiction, service of process, appearance, and choice of court.
  4. Special Proceedings: Article 4 of the CPLR addresses special proceedings, which are legal actions that are not classified as regular civil actions.
  5. Venue: Article 5 of the CPLR deals with venue, which determines the appropriate court where a civil action should be filed.
  6. Joinder of Claims, Consolidation, and Severance: Article 6 of the CPLR governs the joinder of claims, consolidation of actions, and severance of claims or parties.
  7. Class Actions: Article 9 of the CPLR provides rules for class actions, which allow a representative plaintiff to sue on behalf of a larger group of individuals who have similar claims.
  8. Parties Generally: Article 10 of the CPLR covers the rules regarding parties to a civil action, including joinder, intervention, and substitution of parties.
  9. Infants, Incompetents, and Conservatees: Article 12 of the CPLR addresses the procedures and protections for infants (minors), incompetents, and conservatees in civil actions.
  10. Remedies and Pleading: Article 30 of the CPLR deals with remedies available in civil actions and the rules for pleading, including the form and content of pleadings.

Limitations of Time

Article 2 of the CPLR establishes the time limits for commencing various types of civil actions. These time limits are known as statutes of limitations and vary depending on the nature of the claim. For example, personal injury actions must be commenced within three years of the date of injury, while contract actions must be commenced within six years of the date of breach.

Jurisdiction and Service

Article 3 of the CPLR covers jurisdiction, service of process, appearance, and choice of court. Jurisdiction refers to the authority of a court to hear and decide a case. Service of process is the method by which a defendant is notified of a lawsuit and required to appear in court. Appearance is the defendant’s formal response to the lawsuit, and choice of court refers to the rules governing which court has jurisdiction over a particular case.

Special Proceedings

Article 4 of the CPLR addresses special proceedings, which are legal actions that are not classified as regular civil actions. Special proceedings include matters such as probate, guardianship, and adoption. The procedures for special proceedings are governed by the CPLR and by specific statutes that apply to each type of proceeding.

Venue

Article 5 of the CPLR deals with venue, which determines the appropriate court where a civil action should be filed. Venue is generally based on the location of the defendant or the subject matter of the action. The CPLR provides rules for changing venue in certain circumstances.

Joinder of Claims, Consolidation, and Severance

Article 6 of the CPLR governs the joinder of claims, consolidation of actions, and severance of claims or parties. Joinder of claims allows a plaintiff to assert multiple claims in a single lawsuit. Consolidation of actions allows two or more separate lawsuits to be combined into a single action. Severance allows a court to separate a claim or party from an action and proceed with the remaining claims or parties separately.

Class Actions

Article 9 of the CPLR provides rules for class actions, which allow a representative plaintiff to sue on behalf of a larger group of individuals who have similar claims. Class actions are permitted when the class is so numerous that joinder of all members is impracticable, the claims of the class members are similar, and the representative plaintiff’s claims are typical of the claims of the class members.

Parties Generally

Article 10 of the CPLR covers the rules regarding parties to a civil action, including joinder, intervention, and substitution of parties. Joinder refers to the addition of a new party to an action, either as a plaintiff or a defendant. Intervention allows a person who is not a party to an action to intervene and become a party. Substitution of parties allows a new party to be substituted for an existing party who has died, become incompetent, or otherwise become unable to continue the action.

Infants, Incompetents, and Conservatees

Article 12 of the CPLR addresses the procedures and protections for infants (minors), incompetents, and conservatees in civil actions. Infants are represented by a guardian ad litem, who is appointed by the court to protect the infant’s interests. Incompetents are represented by a committee, and conservatees are represented by a conservator.

Remedies and Pleading

Article 30 of the CPLR deals with remedies available in civil actions and the rules for pleading, including the form and content of pleadings. Remedies are the legal means by which a plaintiff can obtain relief for a wrong that has been committed. Pleadings are the formal documents that set forth the claims and defenses of the parties to an action.

Sources

FAQs

What is the CPLR?

The CPLR is the Civil Practice Law and Rules, which governs civil procedure in New York State. It sets forth the rules for commencing an action, serving process, pleading, discovery, trial, and appeals.

What are the key features of the CPLR?

The CPLR is a comprehensive set of rules that covers all aspects of civil practice in New York. It is designed to be flexible and adaptable to the needs of the courts and the litigants. The CPLR is also intended to be fair and impartial, and to promote the just and efficient resolution of disputes.

Who is subject to the CPLR?

The CPLR applies to all civil actions and proceedings in New York State, including actions in the Supreme Court, County Court, Family Court, and Surrogate’s Court. The CPLR also applies to special proceedings, such as probate, guardianship, and adoption.

What are some of the most important provisions of the CPLR?

Some of the most important provisions of the CPLR include the rules governing jurisdiction, venue, service of process, pleadings, discovery, trial, and appeals. The CPLR also includes provisions governing special proceedings, such as probate, guardianship, and adoption.

How can I find more information about the CPLR?

You can find more information about the CPLR on the website of the New York State Unified Court System: https://www.nycourts.gov/rules/cplr. You can also find copies of the CPLR at most law libraries.

What are the benefits of using the CPLR?

The CPLR provides a clear and concise set of rules that govern civil procedure in New York. This helps to ensure that all parties to a lawsuit are treated fairly and that the litigation process is efficient and predictable.

What are some of the challenges of using the CPLR?

The CPLR is a complex set of rules, and it can be difficult to understand and apply all of the provisions correctly. It is important to consult with an attorney if you have any questions about the CPLR or if you are involved in a lawsuit.

How is the CPLR updated?

The CPLR is updated regularly by the New York State Legislature. Amendments to the CPLR are typically made in response to changes in the law or to address specific issues that have arisen in the courts.

Related posts: