1. Any written contract, otherwise valid under the substantive law, to submit any existing or future controversy to the court pursuant to section 3031 is valid and enforceable and shall be construed as an implied consent of the parties to the jurisdiction of the supreme court of this state to enforce it pursuant to the procedures of rule 3036, and to enter judgment thereon, and shall constitute a waiver by the parties of the right to trial by jury. 2. If the parties to a dispute arising under a contract to submit a controversy to the court under section 3031 are unable to agree on a statement of claims and defenses and relief sought pursuant to that section, the court on motion shall settle the terms of the statement. In deciding the motion the court shall consider and determine any questions as to the existence of the contract or its validity or the failure of any party to perform it. If a substantial issue of fact be raised as to the making of the contract or submission or the failure to comply therewith, the court or judge shall proceed to trial of such issue without a jury, unless either party should demand a jury trial.
§ 3033.Contracts to submit; enforcement of submission
Article 30. Remedies and Pleading · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 3033 makes a written contract to submit a dispute to New York's simplified procedure enforceable in the supreme court and, when the parties can't agree on the wording of their statement, lets the court settle its terms and decide any real dispute over whether the contract was ever made.
Full Text of CPLR 3033
Plain-English Summary
Section 3033 has two jobs. The first is enforcement: it makes a written contract to submit a present or future controversy to the simplified procedure under section 3031 valid and enforceable, treats signing it as consent to the supreme court's jurisdiction to enforce it under rule 3036, and carries the same jury-trial waiver that applies to the underlying procedure.
The second job covers what happens when the parties agree to submit but can't agree on the statement itself. Either side can move the court to settle the statement's terms. On that motion, the court decides any question about whether the contract to submit exists, whether it's valid, or whether a party failed to perform it. If there's a contested question of fact about the contract's making, the case doesn't get resolved on the papers -- the court holds a non-jury trial on that narrow issue, unless a party demands a jury.
That last piece matters in practice: a party who wants out of a submission-to-court clause can raise a genuine factual dispute about whether the contract was ever formed, and get a trial on that threshold question before the underlying dispute goes anywhere.
Frequently Asked Questions
Is a contract to submit a dispute to CPLR 3031 procedure enforceable?
Yes. Section 3033 makes a written contract to submit an existing or future controversy to the simplified procedure valid and enforceable in the supreme court.
What happens if the parties can't agree on the wording of the statement?
Either party can move the court to settle the statement's terms, and the court decides the motion, including any dispute over whether the underlying submission contract exists or was performed.
Can I get a jury trial if I dispute whether the submission contract was ever made?
Yes, if there's a substantial issue of fact about the contract's making or a party's compliance with it, the court proceeds to trial on that issue and either side can demand a jury.
Does signing a CPLR 3033 submission contract waive a jury trial?
Yes, a written contract to submit a controversy under section 3031 carries the same waiver of the right to a jury trial that applies to the simplified procedure itself.
Which court enforces a contract to submit a dispute under CPLR 3033?
The supreme court. Entering into the contract is treated as the parties' consent to the supreme court's jurisdiction to enforce it and enter judgment.
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 3033 New Yorkcontract to submit controversy to courtenforce submission to simplified procedureCPLR 3033 settle statement termswaiver of jury trial submission contract