When a party is in default for failure to appear, he shall not be entitled to notice or service of any copy required under this article.
R 3105.Notice to party in default.
Article 31. Disclosure · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 3105 denies a defaulting party the right to notice or service of Article 31 disclosure papers once that party has stopped appearing in the action.
Full Text of CPLR 3105
Plain-English Summary
This is a short, procedural rule with a single point: once a party is in default for failing to appear, the other side no longer has to serve that party with notices or copies required elsewhere in Article 31. A defaulting party has, in effect, walked away from active participation in the case, and the disclosure process moves on without the added burden of keeping that party informed of every deposition notice or document demand.
The rule matters mainly for timing and proof. Once a default is established, a litigant serving disclosure notices on the remaining active parties does not need to show separate proof of service on the defaulted one, and cannot be challenged later for skipping that step. It works alongside the deposition-notice rules in sections 3106 through 3109, which otherwise require notice to each party — section 3105 is the exception that lifts that requirement once a party has defaulted.
Frequently Asked Questions
Does a defaulting party still get notice of depositions and other discovery in New York?
No. CPLR 3105 relieves the other parties of any obligation to serve notice or copies of disclosure papers on a party who is in default for failing to appear.
What counts as being in default for purposes of CPLR 3105?
Failure to appear in the action. Once that default exists, the rule strips the defaulting party of the right to notice or service under Article 31.
If I skip serving a defaulted defendant with a deposition notice, can that be challenged later?
No, provided the default for failure to appear is properly established. Section 3105 removes the notice obligation entirely for that party.
Does CPLR 3105 excuse notice to parties who appeared but missed one deadline?
No. It applies specifically to a party in default for failure to appear, not to a party who has appeared in the action but missed some other filing.
How does CPLR 3105 interact with the deposition notice rules in CPLR 3106 through 3109?
Those sections generally require notice to each party before a deposition or written-question examination proceeds. Section 3105 is the carve-out: a party in default for failure to appear falls outside that notice requirement.
Advisory Committee Notes
The last phrases in CPA §§ 292 and 303 denied notice to a party who had not “appeared or answered.” This rule makes this provision applicable throughout the title, except that its application is limited to failure to appear, which accords with CPLR rule 2103(e).
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: default party discovery notice New Yorkno notice to defaulting party New Yorkdisclosure notice defaulted defendant