(a) An action is commenced by filing a summons and complaint or summons with notice in accordance with rule twenty-one hundred two of this chapter. A special proceeding is commenced by filing a petition in accordance with rule twenty-one hundred two of this chapter. Where a court finds that circumstances prevent immediate filing, the signing of an order requiring the subsequent filing at a specific time and date not later than five days thereafter shall commence the action.
§ 304.Method of commencing action or special proceeding.
Article 3. Jurisdiction and Service, Appearance and Choice of Court · Last amended 2008 · Last verified July 21, 2026
In one sentenceCPLR 304 sets out how a lawsuit or special proceeding officially begins in New York -- by filing a summons and complaint (or summons with notice) or a petition with the clerk, whether on paper, by fax, or electronically.
Full Text of CPLR 304
(b) Notwithstanding any other provision of law, such filing may be accomplished by facsimile transmission or electronic means, as defined in subdivision (f) of rule twenty-one hundred three of this chapter, where and in the manner authorized by the chief administrator of the courts by rule.
(c) For purposes of this section, and for purposes of section two hundred three of this chapter and section three hundred six-a of this article, filing shall mean the delivery of the summons with notice, summons and complaint or petition to the clerk of the court in the county in which the action or special proceeding is brought or any other person designated by the clerk of the court for that purpose. At the time of filing, the filed papers shall be date stamped by the clerk of the court who shall file them and maintain a record of the date of the filing and who shall return forthwith a date stamped copy, together with an index number, to the filing party, except where filing is by electronic means. Such filing shall not be accepted unless any fee required as specified in section eight thousand eighteen of this chapter has been paid. Where filing is by electronic means, any fee required shall be paid in the time and manner authorized by the chief administrator of the court by rule.
(d) Where filing is by facsimile transmission, the clerk of the court need only return a date stamped copy of the first page of the papers initiating the lawsuit, together with the index number.
(e) Where filing is by electronic means, the clerk shall, in accordance with rules promulgated by the chief administrator, forthwith notify the filing party of the index number and the date and time of filing.
(f) A confirmation record produced by the filing party’s facsimile machine or computer and an affidavit of filing by the filing party, shall be prima facie evidence that the filing party transmitted documents consistent with the date, time and place appearing on the confirmation record.
Plain-English Summary
New York runs on a commencement-by-filing system rather than a commencement-by-service system. Section 304 spells out what that filing looks like: an action starts when the summons and complaint, or the summons with notice, is filed under CPLR rule 2102, and a special proceeding starts when the petition is filed the same way. If circumstances block immediate filing, a court can sign an order requiring the papers to be filed within five days, and that signing itself commences the action.
The remaining subdivisions cover how filing happens in practice: by fax or electronic means where the chief administrator of the courts has authorized it, with the clerk date-stamping the papers, keeping a record of the filing date, assigning an index number, and returning a stamped copy to the filer once the required fee is paid. When filing is by fax, the clerk returns a stamped copy of just the first page along with the index number; electronic filers get prompt notice of the index number and the filing date and time. A confirmation record from a fax machine or computer, paired with an affidavit of filing, counts as strong evidence of when and how the papers went in.
The filing date matters well beyond bookkeeping. It's the date that stops the statute of limitations clock under CPLR 203, and it starts the 120-day period CPLR 306-b gives a plaintiff to complete service. Getting the papers filed on time protects the claim even before anyone has been served.
Frequently Asked Questions
How is a lawsuit officially started in New York?
By filing the summons and complaint, or a summons with notice, with the clerk of the court. A special proceeding starts the same way, by filing a petition.
Does filing or serving the summons start a New York case?
Filing does. New York uses a commencement-by-filing system, so the action begins when the papers are filed with the clerk, not when the defendant is served.
Can I e-file a summons and complaint in New York?
Yes, where the chief administrator of the courts has authorized electronic filing. The clerk notifies the filer of the index number and the filing date and time.
What happens if I can't file the summons and complaint right away?
A court can sign an order requiring the papers to be filed within five days, and the signing of that order itself commences the action.
Why does the filing date under CPLR 304 matter for the statute of limitations?
Advisory Committee Notes
The first sentence of this section is derived from the first sentence of CPA § 218. The second sentence is new; it parallels the first sentence.
Amendment History
Add, L 1962, ch 308, § 1; amd, L 1992, ch 216, § 4; L 1994, ch 563, § 1; L 1996, ch 606, § 2, eff Sept 1, 1997; L 1999, ch 367, § 1, eff July 27, 1999; L 2001, ch 473, § 1, eff Nov 21, 2001; L 2001, ch 473, § 2, eff July 1, 2003; L 2007, ch 125, § 2, eff Jan 1, 2008.
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: how to commence a lawsuit in New Yorkfiling summons and complaint New Yorkcommencement by filing New Yorke-filing summons New York courtsCPLR 304 method of commencing action