A motion for substitution may be made by the successors or representatives of a party or by any party. If a person who should be substituted does not appear voluntarily he may be made a party defendant. If the event requiring substitution occurs before final judgment and substitution is not made within a reasonable time, the action may be dismissed as to the party for whom substitution should have been made, however, such dismissal shall not be on the merits unless the court shall so indicate. If the event requiring substitution occurs after final judgment, substitution may be made in either the court from or to which an appeal could be or is taken, or the court of original instance, and if substitution is not made within four months after the event requiring substitution, the court to which the appeal is or could be taken may dismiss the appeal, impose conditions or prevent it from being taken. Whether or not it occurs before or after final judgment, if the event requiring substitution is the death of a party, and timely substitution has not been made, the court, before proceeding further, shall, on such notice as it may in its discretion direct, order the persons interested in the decedent’s estate to show cause why the action or appeal should not be dismissed.
§ 1021.Substitution procedure; dismissal for failure to substitute; presentation of appeal.
Article 10. Parties Generally · Last amended 1975 · Last verified July 21, 2026
In one sentenceCPLR 1021 sets the procedure for substitution motions across this article -- who can move, what happens if substitution isn't made in time before or after judgment, and the special show-cause process required when the party's death is the event triggering substitution.
Full Text of CPLR 1021
Plain-English Summary
CPLR 1021 is the mechanical backbone behind every substitution provision in this article. A motion for substitution can come from the successors or representatives of the party who needs replacing, or from any other party in the case. If the person who should be substituted doesn't come forward voluntarily, the rule lets that person be made a party defendant instead.
Timing carries real consequences. If the event requiring substitution happens before final judgment and no one substitutes within a reasonable time, the court may dismiss the action as to the party who should have been replaced -- though that dismissal isn't on the merits unless the court specifically says so. If the event happens after final judgment, substitution can be made in the court that heard the case, or in the court handling an appeal, and missing a four-month deadline lets the appellate court dismiss the appeal, impose conditions, or block it from being taken at all.
Death gets an extra procedural safeguard, whether it happens before or after judgment. If a party has died and no timely substitution has been made, the court can't just proceed -- it has to direct, on whatever notice it sees fit, that the people interested in the decedent's estate show cause why the action or appeal shouldn't be dismissed. That step gives the estate's representatives a real chance to weigh in before the case gets thrown out over a death no one has yet addressed.
Frequently Asked Questions
Who can move for substitution in a New York lawsuit?
Under CPLR 1021, a motion for substitution may be made by the successors or representatives of the party who needs replacing, or by any other party in the case.
What happens if substitution isn't made in time in New York?
If the event requiring substitution occurs before final judgment and substitution isn't made within a reasonable time, CPLR 1021 lets the court dismiss the action as to that party, though not on the merits unless the court says so.
How long do I have to substitute a party after a death on appeal in New York?
CPLR 1021 gives four months after the event requiring substitution before the court hearing the appeal may dismiss it, impose conditions, or prevent it from being taken.
What is a show cause order for substitution under CPLR 1021?
When a party's death requires substitution and none has been made, CPLR 1021 requires the court to order the people interested in the decedent's estate to show cause why the action or appeal shouldn't be dismissed, before the court proceeds further.
Can a person be substituted into a New York lawsuit without agreeing to it?
Yes. CPLR 1021 lets a person who should be substituted, but who doesn't appear voluntarily, be made a party defendant instead.
Is dismissal for failure to substitute a dismissal on the merits in New York?
Not automatically. CPLR 1021 provides that a dismissal for failure to substitute isn't on the merits unless the court specifically indicates that it is.
Advisory Committee Notes
This section applies to all cases of substitution. With the first two sentences, compare Federal rule 25(a). See also CPA §§ 84, 87, 192, 557, 578, 579. Dismissal as to the sole party on one side would be equivalent to dismissal of the entire action.
Amendment History
Add, L 1962, ch 308; amd, L 1970, ch 93; L 1975, ch 25, eff March 25, 1975.
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
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