1. A party aggrieved by the failure of another to perform under a contract to submit a controversy, upon filing a statement, signed and acknowledged by the party, specifying the claim and the relief requested, may move for an order directing settlement of the terms of the statement, if necessary, and the determination of the controversy pursuant to the New York Simplified Procedure for Court Determination of Disputes. 2. Eight days notice of the motion, or such other notice as the court shall deem appropriate, shall be served upon the party alleged to be in default, in such manner as the court shall direct. 3. If there is no substantial question as to the making of the contract or submission, or the failure to comply therewith, the court shall proceed with the determination of the controversy pursuant to the simplified procedure and these rules. If the court shall find that a substantial issue of fact has been raised as to the making of the contract or submission, or the failure to comply therewith, and the motion shall not have been denied as a matter of law, the court shall proceed expeditiously with the trial thereof without a jury, unless either party upon argument of the motion shall have demanded in writing a trial by jury of the issue of the making of the contract or submission, in which event the court shall proceed as promptly as may be practicable with such trial before a jury.
R 3034.Motion procedure to settle statement terms
Article 30. Remedies and Pleading · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 3034 lets a party stuck with an uncooperative counterpart move the court to settle the terms of the statement and force the case into New York's simplified procedure, with an expedited non-jury trial reserved for any real dispute over whether the submission contract was ever made.
Full Text of CPLR 3034
Plain-English Summary
Section 3034 gives teeth to a submission-to-court contract when the other side won't cooperate. A party who says the other side is failing to perform can file the party's own signed and acknowledged statement of claims and relief, then move for an order settling the statement's terms and pushing the case into the simplified procedure. The motion goes out on eight days' notice, or on whatever notice the court decides is appropriate.
What happens next depends on whether the contract itself is in dispute. If there's no real question about whether the parties made the submission contract or complied with it, the court moves straight into the simplified procedure under these rules. If the court finds a genuine factual dispute about the contract's making or performance, and the motion hasn't already been decided as a matter of law, the court holds an expedited trial on that narrow question -- without a jury, unless a party demanded one in writing when the motion was argued.
In short, the rule keeps the main event moving fast while carving out a focused hearing for the one threshold question a resisting party is most likely to raise: did we agree to this at all?
Frequently Asked Questions
What can I do if the other side won't cooperate with a submission-to-court contract?
Section 3034 lets the aggrieved party file its own statement and move for an order settling the statement's terms and directing that the controversy be determined under the simplified procedure.
How much notice does a CPLR 3034 motion require?
Eight days' notice, unless the court directs some other form or amount of notice.
What happens at a CPLR 3034 hearing if the contract to submit isn't in dispute?
If there's no substantial question about whether the parties made the contract or complied with it, the court proceeds directly with the simplified procedure.
Can I demand a jury trial on whether a submission contract was ever made?
Yes, if the court finds a substantial fact issue about the contract's making or a failure to comply with it, either party can demand in writing, at argument of the motion, a jury trial of that issue.
Is a CPLR 3034 trial on the making of a contract fast?
Yes, the rule directs the court to proceed expeditiously, whether the issue is tried to the court or, when a jury has been demanded, as promptly as practicable before a jury.
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 3034 New Yorkmotion to settle statement termsforce simplified procedure New YorkCPLR 3034 eight days noticesubmission contract motion New York