(a) Attorney. Where a court grants a motion pursuant to subdivision (a) of section one thousand one hundred one of this article, the court, in its order determining the motion, may assign an attorney to the moving party.
§ 1102.Privileges of party with insufficient means to pay costs, fees, and expenses in an action or on appeal.
Article 11. Waiver of Costs, Fees, and Expenses · Last amended 2024 · Last verified July 21, 2026
In one sentenceCPLR 1102 spells out what a party who wins fee-waiver relief under CPLR 1101 receives: a court-assigned attorney, a free stenographic trial transcript, typewritten appeal papers, and protection from costs unless the case ends in a recovery.
Full Text of CPLR 1102
(b) Stenographic transcript. Where a court grants a motion pursuant to subdivision (a) of section one thousand one hundred one of this article, the court clerk, within two days after the filing of such court’s order with the court clerk, shall so notify the court stenographer, who, within twenty days of such notification shall make and certify two typewritten transcripts of the stenographic minutes of said trial or hearing, and shall deliver one of said transcripts to the moving party or such moving party’s attorney, and file the other with the court clerk together with an affidavit of the fact and date of such delivery and filing. The expense of such transcripts shall be a county charge or, in the counties within the city of New York, a city charge, as the case may be, payable to the stenographer out of the court fund upon the certificate of the judge presiding at the trial or hearing. A moving party may be furnished with a stenographic transcript without fee by order of the court in proceedings other than appeal, the fee therefor to be paid by the county or, in the counties within the city of New York by the city, as the case may be, in the same manner as is paid for transcripts on appeal. Notwithstanding this or any other provision of law, fees paid for stenographic transcripts with respect to those proceedings specified in paragraph a of subdivision one of section thirty-five of the judiciary law shall be paid by the state in the manner prescribed by subdivision four of section thirty-five of the judiciary law.
(c) Appeals. On an appeal or motion for permission to appeal where a court grants a motion pursuant to subdivision (a) of section one thousand one hundred one of this article, the moving party may submit typewritten briefs and appendices, furnishing one legible copy for each appellate justice.
(d) Costs and fees. Where a court grants a motion pursuant to subdivision (a) of section one thousand one hundred one of this article, the moving party shall not be liable for the payment of any costs or fees unless a recovery by judgment or by settlement is had in such moving party’s favor, in which event the court may direct such party to pay out of the recovery all or part of the costs and fees, a reasonable sum for the services and expenses of any attorney assigned to such party and any sum expended by the county or city under subdivision (b) of this section.
Plain-English Summary
Once a court grants a motion under CPLR 1101(a), section 1102 lays out the benefits that come with it. The court can assign an attorney to represent the moving party in the case.
The court clerk must notify the court stenographer within two days after the court's order is filed, and the stenographer then has twenty days to prepare two certified transcripts of the trial or hearing minutes — one for the moving party, one for the court file. The county pays for these transcripts (the city, within New York City), and the same rule extends to transcripts needed outside of an appeal. For certain proceedings under the Judiciary Law, the state pays instead.
On appeal, the moving party can submit typewritten briefs and appendices rather than printed ones, with one copy for each appellate justice.
The moving party owes nothing for costs or fees unless the case ends in a recovery, whether by judgment or settlement. If it does, the court can order payment out of that recovery — covering costs and fees, a reasonable fee for any assigned attorney, and whatever the county or city spent on the transcript.
Frequently Asked Questions
Will a New York court assign me a lawyer if I get a fee waiver?
The court may assign an attorney to represent you once it grants your fee-waiver motion under CPLR 1101(a), though assignment isn't automatic in every case.
Who pays for my trial transcript if I qualify for a fee waiver?
The county pays the stenographer's fee (the city, if your case is in New York City), and for certain Judiciary Law proceedings the state pays instead.
How long does the stenographer have to produce my transcript?
Twenty days from the date the clerk notifies the stenographer, which must happen within two days after the court files its fee-waiver order.
Can I file typewritten briefs instead of printed ones on appeal?
Yes. CPLR 1102(c) lets a party with a fee waiver submit typewritten briefs and appendices, with one copy for each appellate justice.
Do I have to repay waived costs and fees if I win my case?
You may. If you recover by judgment or settlement, the court can direct part of that recovery toward the costs, fees, any assigned attorney's fee, and the county's or city's transcript expense.
Advisory Committee Notes
This section enumerates the privileges which inure to a person who is permitted to proceed as a poor person. Subd (a) is taken from part of the first sentence of rule 36 of the RCP and part of the last sentence of CPA § 196. On its face, the first sentence of rule 36 could be interpreted as not requiring assignment of an attorney when permission is granted; however, it has been held that a failure to make an assignment makes the order defective. See 20 Carmody-Wait, Cyclopedia of New York Practice 87 nn. 18 & 19 (1955). The word “may” has been substituted for “shall” so that appointment of an attorney to represent a poor person will be discretionary. It was pointed out that in some counties such as Wyoming, where the number of lawyers is quite small, requiring the appointment of an attorney for all poor persons would unduly burden the bar.
Subd (b) is taken from part of the CPA § 1493. It expressly states that notice of an application for a stenographic transcript must be given to the county attorney of the county in which the case was tried. This requirement is not found in CPA § 1493 but at least one court has held that such notice is required. See Rosetano v State of New York, 208 Misc 352, 143 NYS2d 904 (Ct Cl 1955). The Court of Appeals has recently indicated that omission of a requirement of prior notice might render the first paragraph of section 1493 constitutionally invalid. Smith v Smith, 2 NY2d 120, 138 NE2d 790 (1956). While the court did not have to decide whether such notice was required, since it found that the county had had a hearing on the merits “so that in the end there was no deprivation of due process,” the majority opinion stated: “However, this is not to say that, if the circumstances warrant, a county may not successfully challenge a certificate issued under section 1493.” Id. at 125, 138 NE2d at 793. The insertion of the requirement of notice in the new CPLR section will clear up this constitutional doubt. A county treasurer who is required to pay the transcript fee should have the opportunity to present the relevant facts on the financial position of a moving party before paying the fee. In some cases, as in the Smith case, all parties would be quite willing to shift the financial responsibility of obtaining the transcript to the county. See ibid (dissenting opinion).
Subd (c) is taken from CPA § 558 and has been changed only to the extent of conforming it to the phraseology of the new CPLR appeal provisions.
Subd (d) is taken from part of the first paragraph of § 1493, part of the last sentence of CPA § 196 and part of the first sentence of the RCP 36. Phrase “by judgment or by settlement” added because, although “recovery” was meant to embrace settlements, it might otherwise be construed as limited to recovery by judgment after trial. In contrast to portions of § 196 and rule 36, subd (d) is not limited to “taxable” disbursements. There is no reason for such a limitation; an attorney for a successful poor person plaintiff should be able to recover all disbursements which are approved by the trial court. Moreover, the former provision seems to imply that the attorney may be reimbursed for his disbursements only if his client wins, a rule that is unsound.
This bill would amend CPLR Sections 1101, 1102, and 1103, as well as Criminal Procedure Law Section 380.55, to eliminate the use of the phrase “poor person.” The designation of individuals with insufficient means to prosecute or defend a legal action as “poor persons” is a highly outdated, pejorative, and often inaccurate legal term. This bill would amend the affected statutes to eliminate such designation and to clearly and accurately reflect their combined purpose, which is to describe the making of a motion to waive costs, fees, and expenses, and the benefits that can flow from a successful motion. Furthermore, this bill would clarify that the "property" that must be reported by a moving party under CPLR Section 1101 as among the party’s assets, in addition to the party’s other income, is real property owned by the moving party. In addition, given recent amendments to CPLR 2106 authorizing the use of affirmations in lieu of affidavits for any person in a civil action pursuant to chapter 559 of the Laws of 2023, the bill further amends CPLR 1101 to provide that a party may submit an affirmation when moving for a waiver of costs, fees, and expenses. This change will help make it clear that a party is no longer required to submit a notarized affidavit when making such motion. This should save individuals, many of whom are impecunious, the time, cost, and burden associated with locating a notary.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963; amd, L 1964, ch 576, § 92; L 1965, ch 773, § 4, eff Sept 1, 1965; L 1966, ch 455, § 1; L 1969, ch 681, § 1, eff Sept 1, 1969; L 2024, ch 589, § 3, effective December 13, 2024.
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: assigned counsel poor person New Yorkfree trial transcript New York courtin forma pauperis appeal New Yorkwaived court costs paid from recoveryCPLR 1102 privileges