The civil practice rules are herein designated “rule”. Any rule in this chapter may be amended, or rescinded, or additional civil practice rules may be adopted, not inconsistent with the constitution, by act of the legislature. No rule so amended, rescinded or adopted shall abridge or enlarge the substantive rights of any party.
§ 102.Amendment, rescission or adoption of rules.
Article 1. Short Title; Applicability and Definitions · Last amended 1986 · Last verified July 21, 2026
In one sentenceLets the legislature amend, rescind, or adopt civil practice rules within the CPLR, as long as the constitution isn't violated and no such change abridges or enlarges any party's substantive rights.
Full Text of CPLR 102
Plain-English Summary
The CPLR labels some of its provisions “rules” and others “sections,” and that label decides who gets to change them. CPLR 102 covers the “rule” half: any civil practice rule in the CPLR can be amended, rescinded, or added to by act of the legislature, as long as the change doesn't clash with the state constitution.
That arrangement traces back to a long-running question over who should control court procedure — the legislature or the courts. New York's rulemaking authority has shifted over time, and this section's own history, amended in 1963 and again in 1986, reflects that back-and-forth. What hasn't moved is the substantive-rights guardrail in the final sentence: no amendment, rescission, or new rule adopted under this section may expand or shrink a party's underlying legal rights. A rule change can alter how a claim is brought or defended; it can't alter whether the claim exists or what a party is entitled to recover.
For everyday practice, the rule/section distinction rarely matters — both are cited the same way, under CPLR 101. It matters most to anyone tracing the history of a provision or wondering why some CPLR numbers are described as “Rule” and others as “Section” in official texts.
Frequently Asked Questions
What's the difference between a CPLR “rule” and a CPLR “section”?
Both are provisions of the same code, but CPLR 102 covers the “rule” designation and sets out how rules may be amended, rescinded, or added — a process distinct from how sections of the code are changed.
Who can amend a CPLR rule?
Under CPLR 102, a civil practice rule may be amended, rescinded, or supplemented by act of the legislature, as long as the change doesn't conflict with the state constitution.
Can a change to a CPLR rule take away my legal rights?
No. CPLR 102 bars any amendment, rescission, or new rule from abridging or enlarging a party's substantive rights — changes made under this section can only affect procedure.
Does it matter, day to day, whether a CPLR provision is a “rule” or a “section”?
For citing or applying the provision, no — CPLR 101 lets both be cited the same way. The distinction mainly matters to how each type of provision may be changed.
Why do some CPLR citations say “Rule” and others say “Section”?
The label reflects how the provision was designated when adopted, tracking a distinction the CPLR's framers built into the code and that CPLR 102 governs for the “rule” category.
Amendment History
Add, L 1962, ch 308, § 1; amd, L 1963, ch 532 § 4; L 1986, ch 334, § 1, eff July 17, 1986.
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: CPLR rule versus sectionhow are CPLR rules amendedwho can change New York civil procedure rulesCPLR rule vs section meaning