(a) Implementation and Pre-Trial. The procedure in any action under the New York simplified procedure for court determination of disputes authorized by sections 3031 and 3033 shall be as provided in rule 3036 adopted to implement the provisions hereof, which is designed to promote the speedy hearing of such actions and to provide for such actions a procedure that is as simple and informal as circumstances will permit. A pre-trial conference may be held relative to the disposition of questions of law which might be conclusive in the action and avoid a trial.
§ 3035.Simplified procedure authorized
Article 30. Remedies and Pleading · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 3035 authorizes the simplified procedure for court determination of disputes created by sections 3031 and 3033, directing that rule 3036 govern implementation, relax the rules of evidence, and set the practice for venue, stays, costs, judgment, and continuance of the action.
Full Text of CPLR 3035
(c) Practice. The practice under this procedure relating to motions to stay or to transfer pending actions, and relating to venue, assessment of costs, entry of judgment, judgment by default, and the continuance of the action in case of death or incompetency of parties shall be as prescribed in the rules adopted pursuant hereto.
Plain-English Summary
Section 3035 is the bridge between the substantive authorization for the simplified procedure in sections 3031 and 3033 and the detailed operating rule in 3036. It tells the court to run these cases for speed and informality, and it allows a pretrial conference aimed at knocking out legal questions that could end the case without a trial.
It also dispenses with the technical rules of evidence, to the extent rule 3036 spells out, and hands the mechanics of everyday practice -- stays and transfers of pending actions, venue, costs, entering judgment, default judgment, and what happens if a party dies or becomes incompetent during the case -- to the rules adopted under this section.
Read alone, section 3035 doesn't do much; its real content lives in rule 3036, which it points to three separate times.
Frequently Asked Questions
What does CPLR 3035 do?
It authorizes the New York Simplified Procedure for Court Determination of Disputes created by sections 3031 and 3033 and directs that rule 3036 govern how it runs.
Are the formal rules of evidence used in a simplified-procedure case?
Not fully. Section 3035 dispenses with the technical rules of evidence to the extent rule 3036 specifies.
Can a court hold a pretrial conference in a simplified-procedure case?
Yes, section 3035 allows a pretrial conference aimed at resolving legal questions that could be conclusive and avoid a trial altogether.
Where are the rules on venue and judgment for a simplified-procedure case?
Section 3035 says the practice on venue, costs, entry of judgment, default judgment, and continuance of the action is set by the rules adopted under this section, principally rule 3036.
Is CPLR 3035 the rule that runs a simplified-procedure trial?
Not directly. It authorizes the procedure and points to rule 3036, which contains the operating provisions on evidence, discovery, default judgment, and trial.
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 3035 New Yorksimplified procedure authorizedNew York simplified procedure evidence rulesCPLR 3035 pretrial conferencesimplified court determination of disputes rules