(a) Upon filing the summons and complaint, summons with notice or petition in an action or proceeding commenced in supreme or county court with the clerk of the county, an index number shall be assigned and the fee required by subdivision (a) of section eight thousand eighteen of this chapter shall be paid. Upon the filing of a summons and complaint against a person not already a party, as permitted under section one thousand seven or rule one thousand eleven of this chapter, the fee required by subdivision (a) of section eight thousand eighteen of this chapter shall be paid, but a separate index number shall not be assigned.
§ 306-a.Index number in an action or proceeding commenced in supreme or county court.
Article 3. Jurisdiction and Service, Appearance and Choice of Court · Last amended 2008 · Last verified July 21, 2026
In one sentenceCPLR 306-a requires the clerk to assign an index number and collect the filing fee when a summons, summons with notice, or petition is filed in supreme or county court, and lets a party who ends up paying a fee the plaintiff owed recover that money.
Full Text of CPLR 306-a
(b) If a person other than the plaintiff or third-party plaintiff who served the summons or third-party summons obtains the index number and pays the fee therefor, the clerk shall issue an order directing the plaintiff or the third-party plaintiff to pay such person the amount of the fee paid. If such fee is not paid within thirty days of service of the order with notice of entry, the person who paid the fee, in addition to any other remedies available at law, may apply to the clerk for an order dismissing the action without prejudice.
Plain-English Summary
Filing a summons and complaint, summons with notice, or petition in supreme or county court triggers two things at once: the clerk assigns an index number, and the filer pays the fee required under CPLR 8018. When a new defendant is added later under CPLR 1007 or rule 1011, that fee applies again, but the case keeps its original index number rather than getting a new one.
Subdivision (b) handles a situation that comes up more than one might expect: a defendant, eager to move the case along, pays the index number fee the plaintiff should have paid. When that happens, the clerk issues an order directing the plaintiff (or third-party plaintiff) to reimburse the person who fronted the fee. If the plaintiff doesn't pay within thirty days of being served with that order, the person who paid can, on top of any other legal remedy, ask the clerk for an order dismissing the action without prejudice.
The index number is what ties a case's filing under CPLR 304, its clock under CPLR 306-b, and its paper trail together. Nothing about the case can move forward on the court's docket without one.
Frequently Asked Questions
What is an index number in a New York lawsuit?
It's the number the county clerk assigns to a case when the summons and complaint, summons with notice, or petition is filed, and it's required to pay the filing fee under CPLR 8018 at the same time.
Who pays the filing fee for a New York index number?
Ordinarily the plaintiff or, in a third-party action, the third-party plaintiff. CPLR 306-a lets another party who pays it instead recover the cost from the plaintiff.
Can a defendant obtain the index number instead of the plaintiff?
Yes. If a defendant or another person pays the fee and obtains the index number, the clerk orders the plaintiff to reimburse that person.
What happens if the plaintiff doesn't reimburse a fee paid under CPLR 306-a?
If the plaintiff doesn't pay within thirty days of being served with the reimbursement order, the person who paid the fee can apply to the clerk for an order dismissing the action without prejudice.
Does adding a new defendant require a new index number?
Amendment History
Add, L 1992, ch 216, § 6, eff July 1, 1992; amd, L 1996, ch 606, § 3, eff Sept 1, 1997; L 2001, ch 473, § 3, eff Nov 21, 2001; L 2007, ch 125, § 3, 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: New York index number requirementfiling fee lawsuit New Yorkindex number reimbursement CPLRwho pays index number fee New York court