(a) Placing Case on Calendar. At any time after issue is first joined, or at least forty days after service of a summons has been completed irrespective of joinder of issue, any party may place a case upon the calendar by filing, within ten days after service, with proof of such service two copies of a note of issue with the clerk and such other data as may be required by the applicable rules of the court in which the note is filed. The clerk shall enter the case upon the calendar as of the date of the filing of the note of issue.
R 3402.Note of issue.
Article 34. Calendar Practice; Trial Preferences · Last amended 1968 · Last verified July 21, 2026
In one sentenceCPLR 3402 lets any party place a case on the trial calendar by filing a note of issue once issue is joined or forty days after service, and requires a party who brings in a new defendant to serve that note of issue within five days.
Full Text of CPLR 3402
(b) New Parties. A party who brings in a new party shall within five days thereafter serve him with the note of issue and file a statement with the clerk advising him of the bringing in of such new party and of any change in the title of the action, with proof of service of the note of issue upon the new party, and of such statement upon all parties who have appeared in the action. The case shall retain its place upon the calendar unless the court otherwise directs.
Plain-English Summary
CPLR 3402(a) lets any party put a case on the calendar once issue is joined, or once forty days have passed since service was completed, whichever comes first. The party files two copies of a note of issue with the clerk, along with proof of service and whatever other data the court's rules call for, within ten days after service. The clerk then enters the case on the calendar as of the date the note of issue was filed, so that filing date fixes the case's place in line.
CPLR 3402(b) covers what happens when a party brings a new party into the case after the note of issue is already filed. Within five days, the party who brought in the new party must serve that new party with the note of issue and file a statement with the clerk describing the new party and any change to the case's title, along with proof that both the new party and everyone who has already appeared were served or notified. The case keeps its existing place on the calendar unless the court says otherwise.
Several other Article 34 rules build on this filing. Rule 3406's pre-calendar conference in malpractice cases happens before a note of issue is filed, while Rules 3407 and 3409 tie their conference and trial deadlines directly to when the note of issue and certificate of readiness go on file.
Frequently Asked Questions
What is a note of issue in New York civil practice?
A note of issue is the filing that puts a case on the trial calendar. Under CPLR 3402, any party may file one once issue is joined or forty days after service, and the clerk enters the case on the calendar as of the filing date.
When can a note of issue be filed under CPLR 3402?
A party may file a note of issue after issue is joined, or after forty days have passed since service was completed, and must file it within ten days after service along with proof of service.
What happens if a new party is added to a lawsuit after the note of issue is filed?
The party who brought in the new party must serve that party with the note of issue and file a statement with the clerk within five days, and the case keeps its calendar position unless the court orders otherwise.
Does filing a note of issue mean a New York case is ready for trial?
CPLR 3402 only governs placing a case on the calendar. Many trial courts separately require a certificate of readiness confirming discovery is complete before the case can proceed to trial.
What is the difference between a note of issue and a certificate of readiness?
The note of issue puts the case on the calendar under CPLR 3402, while the certificate of readiness, required in most trial courts and referenced in rules like CPLR 3407 and 3409, certifies that discovery is finished and the case is ready to be tried.
Who has to be served when a new party is added after a note of issue is filed?
CPLR 3402(b) requires service of the note of issue on the new party and proof that both the new party and every party who has already appeared received notice of the change.
Advisory Committee Notes
This rule is the same as former rule 150 with minor language changes and a number of omissions but no change in substance. References to terms of court have been omitted. It should be possible to file a note of issue at any time. The separate problem of the term at which the case should be tried can be treated, if it is necessary to do so, by calendar rules adopted pursuant to CPLR rule 3401. The third paragraph and the second sentence of the second paragraph of former rule 150 dealt with abolition of notice of trial and lack of necessity for a further note of issue; they are omitted as unnecessary. The final paragraph of former rule 150, which provided that a case should not be tried if there had not been time to appear, plead or make motions with respect to the pleadings, has also been omitted. It is specifically covered by CPLR § 1010 so far as third parties are concerned, and the time specified in the first clause of subd (a) of this rule protects original parties.
The portion of former § 433 which provided that a case might be brought to trial by filing a note of issue is omitted as unnecessary. That portion which provided for dismissals on default is covered in CPLR § 3215(a).
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963; amd, L 1963, ch 530, § 1; L 1968, ch 19, § 1, eff Sept 1, 1968.
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: note of issue New Yorkhow to file a note of issue in New Yorknote of issue and certificate of readiness NYplacing a case on the trial calendar New YorkNew York note of issue filing deadlineadding a party after note of issue filed