(a) Judge Supervising Disclosure. Unless the chief administrator of the courts has, by rule, provided otherwise, if a case has been assigned to a judge to supervise disclosure pursuant to section 3104, all motions preliminary to trial shall be referred to such judge whenever practicable.
R 3214.Motions heard by judge supervising disclosure; stay of disclosure.
Article 32. Accelerated Judgment · Last amended 1997 · Last verified July 21, 2026
In one sentenceCPLR 3214 sends a case's pretrial motions to the judge already supervising discovery and automatically pauses discovery once a party moves to dismiss or for summary judgment, unless the court orders otherwise.
Full Text of CPLR 3214
(b) Stay of Disclosure. Service of a notice of motion under rule 3211, 3212, or section 3213 stays disclosure until determination of the motion unless the court orders otherwise. If the motion is based solely on the defense that the summons and complaint, summons with notice, or notice of petition and petition was not properly served, disclosure shall not be stayed unless the court orders otherwise.
Plain-English Summary
CPLR 3214 keeps a case's pretrial motions in front of one judge. Whenever it's practical, every motion made before trial goes to the judge already assigned to supervise disclosure in that case, so the parties aren't explaining the same history to a new judge each time.
Serving a notice of motion under CPLR 3211, 3212, or 3213 also triggers an automatic pause: disclosure stops until the court decides the motion, unless it orders otherwise. There is little reason to spend money and time on discovery while a motion that could end the case sits undecided.
One motion doesn't get the automatic stay: a motion based solely on improper service of the summons and complaint. Because that motion turns on a narrow factual question rather than the merits, disclosure keeps moving unless the court specifically orders a stay, so a defendant can't use a service objection to freeze the whole case.
Frequently Asked Questions
Does filing a motion to dismiss stop discovery in New York?
Yes. Serving a notice of motion under CPLR 3211, 3212, or 3213 automatically stays disclosure until the court decides the motion, unless the court orders otherwise.
What is the exception to the automatic stay under CPLR 3214?
When a motion rests only on improper service of the summons and complaint, disclosure continues unless the court specifically orders a stay.
Which judge hears pretrial motions under CPLR 3214?
Whenever practical, motions go to the same judge already assigned to supervise disclosure in the case, so one judge stays familiar with its history.
Can a court lift the automatic stay of disclosure under CPLR 3214?
Yes. The court can order disclosure to continue despite a pending dispositive motion if it decides that is the better course.
Does a CPLR 3213 motion for summary judgment in lieu of complaint also stay discovery?
Advisory Committee Notes
Subd (a) of this rule is new. By providing that successive motions in an action be referred to the same judge, whenever practicable, they allow a single judge to develop a greater understanding of the case and avoid the wasted time required while a new judge acquaints himself with all prior proceedings.
Subd (b) of this rule is designed to prevent free and perhaps unnecessary resort to disclosure after a motion is made, except as the court sees fit.
Amendment History
Add, L 1962, ch 308; amd, L 1962, ch 315, § 1, eff Sept 1, 1963; L 1986, ch 355, § 7, eff July 17, 1986; L 1996, ch 501, § 2, eff Jan 1, 1997.
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: does a motion to dismiss stay discovery in New YorkCPLR 3214 stay of disclosurejudge supervising disclosure New Yorkautomatic stay of disclosure CPLRstay of discovery pending motion to dismiss NY