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§ 3031.Simplified procedure for court determination of disputes—action without pleadings

Article 30. Remedies and Pleading · Last amended 1963 · Last verified July 21, 2026

In one sentenceCPLR 3031 lets parties start or continue a New York lawsuit without a summons or pleadings, replacing them with one signed statement of claims, defenses, and relief that doubles as a waiver of the right to a jury trial.

Full Text of CPLR 3031

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An action may be commenced without the service of a summons, or may be continued after the service of a summons, without pleadings, by the filing of a statement, signed and acknowledged by all the parties or signed by their attorneys, specifying plainly and concisely the claims and defenses between the parties and the relief requested. Signing constitutes a certificate that the issues are genuine, and such filing, together with a note of issue, to be filed at the same time, shall constitute the joinder of issues in the action. The procedure in any action commenced under this section shall constitute “the New York Simplified Procedure for Court Determination of Disputes” and it shall be sufficient so to identify the procedure in any contract or other document referring to it. A submission of a controversy under this procedure shall constitute a waiver by the parties of the right to trial by jury.

Plain-English Summary

CPLR 3031 opens a side door into New York's courts. Instead of serving a summons and exchanging a complaint and answer, the parties file one statement, signed and acknowledged by them or their lawyers, that lays out the claims, defenses, and relief each side wants. Signing the statement certifies that the dispute is real, not staged, and filing it along with a note of issue joins the issue automatically. No motion, no separate answer, no default judgment for missing a response deadline.

The rule gives this process a name: the New York Simplified Procedure for Court Determination of Disputes. Businesses that want a faster route to a binding court judgment can write that name into a contract ahead of time, so that when a dispute arises, either side can invoke section 3031 without arguing over what procedure applies. It works like an arbitration clause, except the case stays inside the court system and produces an ordinary, appealable judgment.

That convenience comes with a trade-off. Submitting a controversy under section 3031 waives the right to a jury trial. A lawyer drafting or reviewing a submission-to-court clause needs to flag that consequence before a client signs, because the waiver is automatic, not something either side negotiates case by case.

Sections 3032 through 3036 fill in the mechanics: what the statement must say, how a court enforces a contract to submit a dispute, and how the trial itself runs once issue is joined.

Frequently Asked Questions

What is the New York Simplified Procedure for Court Determination of Disputes?

It's the mechanism CPLR 3031 creates for starting or continuing a lawsuit without a summons or formal pleadings. The parties file one signed statement of their claims, defenses, and the relief they want, and that filing joins the issue.

How is a CPLR 3031 case different from a normal lawsuit?

There's no summons, no complaint, and no answer. One statement, signed by the parties or their attorneys and filed with a note of issue, takes the place of all three and moves the case straight toward trial.

Do I give up my right to a jury trial by using CPLR 3031?

Yes. Section 3031 says submitting a controversy under this procedure waives the right to a jury trial, so the case is tried to the court rather than a jury.

Can a contract require the parties to use CPLR 3031 if a dispute comes up?

Yes. Section 3031 says it's enough for a contract to identify the New York Simplified Procedure for Court Determination of Disputes by name, and section 3033 makes a written agreement to submit a dispute this way enforceable in the supreme court.

Who has to sign the statement filed under CPLR 3031?

The statement must be signed and acknowledged by all the parties, or signed by their attorneys, before it's filed with the court.

What must the statement filed under CPLR 3031 include?

Section 3032 requires it to set out the claims and defenses in dispute and the relief sought, including the dollar amount demanded, in plain and concise terms.

Amendment History

Add, L 1962, ch 308, 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: CPLR 3031 New YorkNew York Simplified Procedure for Court Determination of DisputesCPLR 3031 action without a summonsCPLR 3031 jury trial waiversubmit a dispute to court without pleadings New YorkCPLR 3031 statement of claims and defenses