(a) Except where otherwise prescribed by law or order of court, papers required to be filed shall be filed with the clerk of the court in which the action is triable. In an action or proceeding in supreme or county court and in a proceeding not brought in a court, papers required to be filed shall be filed with the clerk of the county in which the proceeding is brought.
R 2102.Filing of papers.
Article 21. Papers · Last amended 2008 · Last verified July 21, 2026
In one sentenceCPLR 2102 tells litigants where to file papers that the law requires to be filed, and bars court clerks from refusing to accept a paper for filing unless a specific statute, rule, or court order says they can.
Full Text of CPLR 2102
(b) A paper filed in accordance with the rules of the chief administrator or any local rule or practice established by the court shall be deemed filed. Where such rules or practice allow for the filing of a paper other than at the office of the clerk of the court, such paper shall be transmitted to the clerk of the court.
(c) A clerk shall not refuse to accept for filing any paper presented for that purpose except where specifically directed to do so by statute or rules promulgated by the chief administrator of the courts, or order of the court.
Plain-English Summary
Not every paper in a lawsuit has to be filed with the court; plenty are just served on the other side. CPLR 2102 covers the papers that do need filing, and it answers a single question: which clerk's office. The answer is the clerk of the court where the action can be tried, or, for cases in supreme or county court and proceedings not filed in a court at all, the clerk of the county where the case is brought.
The rule also recognizes that court systems set their own local filing procedures, including electronic filing systems run through the office of the chief administrator. A paper filed the way those rules require counts as filed, even if it doesn't land on the physical desk of the county clerk. Where local practice routes a filing somewhere other than the clerk's office, whoever receives it has to pass it along to the clerk.
Subdivision (c) protects litigants from an obstacle that has real teeth: a clerk who won't take a paper. A clerk can turn away a filing only if a statute, a rule from the chief administrator, or a court order specifically says so. Absent that kind of authority, the clerk has to accept it.
Frequently Asked Questions
Where do I file papers in a New York civil case?
With the clerk of the court where the action is triable. For supreme and county court cases, and for proceedings that aren't brought in a court, that's the clerk of the county where the case is filed, per CPLR 2102(a).
Can a court clerk refuse to accept my filing?
Only if a statute, a rule of the chief administrator of the courts, or a court order specifically authorizes the refusal. CPLR 2102(c) otherwise requires the clerk to accept it.
Does electronic filing count as filing with the clerk under CPLR 2102?
Yes. A paper filed according to the chief administrator's rules or an established local court practice counts as filed, even where the electronic system routes it somewhere other than the physical clerk's desk.
Do I have to file every paper in my case?
No. CPLR 2102 governs only papers that some other law or court order requires to be filed. Many papers in a case are served on the other side without being filed at all.
What happens if a local court accepts filings somewhere other than the clerk's office?
CPLR 2102(b) requires that paper to be transmitted to the clerk of the court, so the official file stays complete even when intake happens elsewhere.
Advisory Committee Notes
(See also Advisory Committee notes preceding § 2101, under subheading “Filing of papers.”) This rule is concerned solely with the place of filing. As noted in the introduction to this article, a general filing requirement has not been made and no filing is necessary unless specifically required by law or court order. The requirement of CPA § 100 that a party file his summons and pleadings upon notice from his adversary has been eliminated; very little purpose is served by it. Filing of papers where necessary may always be ordered by the court. The rule is a simplification of CPA § 101 and of RCP 15. The rule as to filing in the event of change of venue is contained in § 101 new CPLR § 511(d). The rule applies to both actions and proceedings. The distinction between the place of filing papers in an action and in a proceeding contained in the former law seems useless. If there is any reason that papers in an action or a proceeding be filed in a different office, the court may so order.
Amendment History
Add, L 1962, ch 308, § 1, eff Sept 1, 1963; amd, L 2007, ch 125, § 4, eff Jan 1, 2008.
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: where to file papers New York courtNew York clerk refuse filingCPLR filing requirementscounty clerk civil filing New Yorke-filing CPLR 2102