This act shall take effect September first, nineteen hundred sixty-three.
§ 10005.Effective date.
Article 100. Repeal; Saving Clauses; Effective Date · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 10005 sets September 1, 1963 as the date the CPLR took effect.
Full Text of CPLR 10005
Plain-English Summary
CPLR 10005 is a single sentence: the act takes effect September first, nineteen hundred sixty-three. It is the shortest section in Article 100, and its job is purely to fix a date.
That date anchors every other provision in Article 100. It is the moment the repeal of the Civil Practice Act in CPLR 10001 and the abrogation of the Rules of Civil Practice in CPLR 10002 took hold, and it is the dividing line CPLR 10003 uses to separate actions 'hereafter commenced' under the new CPLR from actions already pending under the old procedure.
More than sixty years on, CPLR 10005 has no operative work left to do beyond marking that date. Its continuing value is historical: it identifies the point at which New York's modern civil practice regime began, which is useful whenever older case law, a procedural step, or a reference to 'prior law' needs to be sorted into the Civil Practice Act era or the CPLR era.
Frequently Asked Questions
When did the CPLR take effect in New York?
CPLR 10005 sets the effective date as September 1, 1963.
Why does the CPLR's effective date matter?
It is the dividing line the other Article 100 provisions rely on: which regime, the former Civil Practice Act and Rules of Civil Practice or the CPLR, governs a given action or step under CPLR 10001 through 10003.
Does CPLR 10005 do anything besides state a date?
No, it is a single-sentence effective-date provision with no other substantive content.
Is CPLR 10005 still legally significant today?
It fixes, as a historical matter, when the modern CPLR era began; it has no current operative effect beyond marking that date.
How does CPLR 10005 relate to CPLR 10003's treatment of pending actions?
CPLR 10003 distinguishes actions commenced after the CPLR's effective date from actions already pending as of that date, and CPLR 10005 is what fixes the date that distinction turns on.
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: when did the CPLR take effectCPLR effective date September 1963New York Civil Practice Law and Rules effective datehistory of CPLR enactment date