Except as otherwise specially prescribed by statute or rule the proceedings in an action brought by the state shall be the same as in an action by a private person.
§ 1303.Procedure in action brought by the state
Article 13. Actions by the State · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 1303 applies the same CPLR procedure to an action brought by the state as would apply to an action by a private person, except where another statute or rule specifically provides otherwise.
Full Text of CPLR 1303
Plain-English Summary
Section 1303 keeps things plain: when the state brings a lawsuit, the same procedural rules apply as in a case between private parties. The state doesn't get its own separate rulebook.
That default only gives way when some other statute or rule specifically prescribes a different procedure for the state's action. Absent such a provision, litigating against the state should feel like litigating against any private party.
Frequently Asked Questions
Does the State of New York follow the same court rules as private parties?
Yes. CPLR 1303 applies the same procedure to a state-brought action as to an action between private parties, unless another statute or rule says otherwise.
What procedure applies when New York State sues someone?
The regular CPLR procedure that would apply to any private party's lawsuit, unless a specific statute or rule directs a different procedure for that action.
Are there exceptions to using standard CPLR procedure in a state action?
Yes, whenever another statute or rule specifically prescribes different proceedings for that particular type of state action.
Does the state get special procedural treatment in a civil case?
Not by default. CPLR 1303 puts the state on the same procedural footing as any private litigant unless another provision says otherwise.
Which article of the CPLR governs how the state litigates?
Article 13, sections 1301 through 1303, covers actions brought in the state's name, including this general procedure rule.
Advisory Committee Notes
This section is the same as CPA § 1206. CPA § 1204, joinder of causes of action in favor of or against the same person, is omitted. The general rules on joinder in Article 10, joinder of parties, and article C, joinder of claims, will apply. Thus the CPA provision which states that the “attorney-general must join” certain causes of action is replaced by the permissive joinder procedure for actions generally. There is no reason why the state should be denied the procedural flexibility available to parties generally. For the same reason CPA § 1205, consolidation of actions in behalf of people against several defendants, is omitted. CPA § 1207, judgment or order against the people in action or special proceeding brought in their behalf, requires the same judgments as in actions and proceedings generally. It is omitted in view of the general provision of this section.
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: procedure for lawsuits brought by New York Statedoes the State follow CPLR rulesState of New York civil procedure ruleaction brought by the state New YorkCPLR article 13 procedure