The rules of practice adopted by the convention provided for by chapter nine hundred two of the laws of nineteen hundred twenty, as amended or supplemented by appropriate action of the justices of the appellate division in the several departments pursuant to section eighty-three of the judiciary law, comprising the rules of civil practice, as heretofore in effect, are hereby abrogated and shall no longer be in effect.
§ 10002.Abrogation of rules of civil practice.
Article 100. Repeal; Saving Clauses; Effective Date · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 10002 abrogates the Rules of Civil Practice, the court-adopted procedural rules that operated alongside the Civil Practice Act, so those rules no longer had effect once the CPLR took over.
Full Text of CPLR 10002
Plain-English Summary
CPLR 10002 addresses a companion body of law to the one repealed in CPLR 10001. The Rules of Civil Practice were rules of practice adopted by a convention provided for by chapter nine hundred two of the Laws of 1920, later amended or supplemented by the appellate division justices in the several departments acting under Judiciary Law section 83. CPLR 10002 abrogates those rules 'as heretofore in effect' and provides that they shall no longer be in effect.
The distinction between CPLR 10001 and CPLR 10002 tracks the distinction between statute and court rule. CPLR 10001 repealed the Civil Practice Act, the legislatively enacted statute. CPLR 10002 separately abrogates the Rules of Civil Practice, the court-adopted rules that supplemented that statute and that the appellate divisions had authority to amend. Bringing the CPLR fully into force required clearing away both halves of the old regime.
Like CPLR 10001, this section is transitional. It did its work at the CPLR's effective date, and today it mainly documents that the old Rules of Civil Practice ceased to govern once the CPLR, and the saving clause in CPLR 10003 for proceedings already underway, took their place.
Frequently Asked Questions
What were the Rules of Civil Practice that CPLR 10002 abrogated?
Court-adopted procedural rules, originally adopted by a convention under chapter 902 of the Laws of 1920 and later amended or supplemented by the appellate division justices under Judiciary Law section 83, that operated alongside the Civil Practice Act.
How does CPLR 10002 differ from CPLR 10001?
CPLR 10001 repeals the Civil Practice Act, the legislative statute; CPLR 10002 separately abrogates the Rules of Civil Practice, the court-adopted rules that supplemented that statute.
Who had the authority to amend the old Rules of Civil Practice?
The appellate division justices in the several departments, acting under Judiciary Law section 83, could amend or supplement the rules originally adopted by the 1920 convention.
Are the old Rules of Civil Practice still consulted in New York courts?
CPLR 10002 provides that they are abrogated and no longer in effect, so today they are primarily of historical interest rather than a source of current procedural authority.
Does CPLR 10002 say what happens to cases that were pending under the old rules?
No, that transition is addressed separately in CPLR 10003, which covers pending and subsequent proceedings.
Advisory Committee Notes
This section replaces CPA §§ 1568 and 1569. The first sentence is based on rule 86 of the Federal rules of civil procedure and rule 1:1-10 of the New Jersey revised rules. It expresses the common law and common sense rule that in procedural matters the new rule is applicable to all proceedings whenever commenced, while giving the court discretion to avoid injustice. It is contemplated that this discretion could be activated via motion practice (see Buehler v Bush, 200 App Div 206, 191 NY Supp 848 (2d Dept 1922)) or invoked by the court itself (cf. Francis v Humphrey, 25 F Supp 1 (ED Ill 1938); Commonwealth Trust Co. v SEC., 29 F Supp 645 (WD Pa 1938)). This section does not infringe upon § 94 of the General Construction Law, covering the effect of repealing a statute upon pending actions and proceedings, because, as the cases show, that section is directed only to provisions that grant substantive rights and not to procedural provisions. See Leake v Hartman, 137 App Div 451, 121 NY Supp 771 (4th Dept 1910), affd, 202 NY 605, 96 NE 1119 (1911); Demarse v Bruckman, 164 Misc 331, 298 NY Supp 736 (Sup Ct 1937). The second sentence of the section is the first part of CPA § 1569. Section 93 of the General Construction Law also protects existing rights but, like § 94, seems directed to accrued substantive rights rather than procedural steps.
Amendment History
Add, L 1962, ch 308, § 1, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: Rules of Civil Practice New York abrogatedold New York procedural rules before the CPLRCPLR 10002 abrogation of court ruleshistory of New York civil procedure before 1963