An agreement between parties or their attorneys relating to any matter in an action, other than one made between counsel in open court, is not binding upon a party unless it is in a writing subscribed by him or his attorney or reduced to the form of an order and entered. With respect to stipulations of settlement and notwithstanding the form of the stipulation of settlement, the terms of such stipulation shall be filed by the defendant with the county clerk.
R 2104.Stipulations
Article 21. Papers · Last amended 2003 · Last verified July 21, 2026
In one sentenceCPLR 2104 says an agreement between parties or their attorneys about anything in a pending action binds no one unless it's written and signed, made in open court, or entered as a court order, and requires settlement stipulations to be filed with the county clerk.
Full Text of CPLR 2104
Plain-English Summary
Lawyers strike deals with each other constantly while a case is pending: extending a deadline, narrowing an issue, agreeing on a fact. CPLR 2104 makes sure those handshake deals don't turn into disputes of their own. An agreement counts only if it's in writing and signed by the party or attorney, if it was made on the record in open court, or if it's been reduced to an order and entered. Anything looser than that isn't binding, no matter how clearly both sides remember agreeing to it.
The rule singles out one kind of stipulation for extra attention: settlements. Whatever form the settlement stipulation takes, the defendant has to file its terms with the county clerk. That filing requirement gives a settlement a public record independent of what either side later claims was agreed.
Frequently Asked Questions
Is a verbal agreement between attorneys enforceable in a New York lawsuit?
Not under CPLR 2104, unless it was made on the record in open court. Otherwise the agreement needs to be in writing and signed, or entered as a court order, to bind either side.
Does a settlement stipulation have to be filed anywhere?
Yes. CPLR 2104 requires the defendant to file the terms of a stipulation of settlement with the county clerk, regardless of what form the stipulation takes.
Can my attorney bind me to a stipulation without my signature?
Yes, if the attorney signs it, since CPLR 2104 allows a stipulation to be subscribed by the party or the attorney.
What counts as a stipulation "reduced to the form of an order"?
An agreement the parties ask the court to convert into an order, which the court then enters. Once entered, it binds the parties as an order of the court rather than as a private agreement.
If two lawyers agree to extend a filing deadline by email, is that binding under CPLR 2104?
It can be, since an email exchange signed by the attorney satisfies the writing-and-signature requirement, but an unwritten or unsigned understanding will not bind either side.
Advisory Committee Notes
This rule is derived from RCP 4. The provision works well in practice and no change has been made. CPA § 790, dealing with stipulations in supplementary proceedings, has been omitted. Its first two sentences, stating that such stipulations may be signed by either the parties or their attorneys and that approval of the court is not required, are consistent with the general provisions of this rule. Its last sentence allows “[a]n attorney” who issued a subpoena or restraining notice to vacate or modify it by “written stipulation.” It is not clear whether this means the attorney may do so by a unilateral writing or whether a true “stipulation” with the adverse party is required. Cf. Polo v Edelbrau Brewery, 185 Misc 775, 60 NYS2d 346 (Sup Ct App T 1945). If it means the latter, it adds nothing to the proposed rule; if the former, it is implicit in new CPLR §§ 5222 and 5223.
Amendment History
Add, L 1962, ch 308, § 1, eff Sept 1, 1963; amd, L 2003, ch 62, § 28 (Part J), eff July 14, 2003.
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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