The court may determine the sequence in which the issues shall be tried and otherwise regulate the conduct of the trial in order to achieve a speedy and unprejudiced disposition of the matters at issue in a setting of proper decorum.
R 4011.Sequence of trial
Article 40. Trial Generally · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 4011 gives the trial court control over the order in which issues are tried and the overall conduct of the trial, aimed at a quick, fair result delivered with proper courtroom decorum.
Full Text of CPLR 4011
Plain-English Summary
CPLR 4011 puts the trial judge in charge of sequencing. The court decides the order in which the issues in a case will be tried and otherwise regulates how the trial is conducted.
Three goals guide that authority: a speedy disposition, one free of prejudice to either side, and proper decorum in the courtroom. Those three considerations frame how a trial judge handles scheduling and conduct questions as they come up.
Much of a trial judge's day-to-day management, deciding which claim or issue goes first, handling multiple parties, and running the courtroom, rests on this rule, working alongside related provisions like CPLR 4012 through 4014.
Frequently Asked Questions
Who decides the order in which issues are tried in a New York trial?
The trial court does, under the authority CPLR 4011 grants to determine the sequence of issues and regulate the conduct of the trial.
What is the standard for the trial judge's authority under CPLR 4011?
The court aims for a speedy and unprejudiced disposition of the matters at issue, carried out with proper decorum.
Does CPLR 4011 apply to jury trials, bench trials, or both?
CPLR 4011 speaks to the conduct of trials generally and is not limited to either jury or non-jury proceedings.
Can a party challenge the trial judge's chosen order of proof?
Because CPLR 4011 gives the trial court discretion over sequencing, a challenge would need to show the court's choice undermined a fair and orderly disposition of the case.
What does "proper decorum" mean under CPLR 4011?
It refers to the trial judge's authority to maintain order and appropriate conduct in the courtroom as part of managing the trial.
Advisory Committee Notes
This rule is derived from part of subd 2 of CPA § 443. Subd 3 and the remainder of subd 2 of that section provided for separate trial of issues and are covered in CPLR § 603. The specific provision of former § 431, which required the court to direct the order of trial where some issues were submitted to a referee to report, and others were tried by the court or a jury, has been omitted. The former provision stated the obvious—i. e., if the referee was not to report on all the issues, the others must have been tried by the court or jury and in the order in which the court directed. This rule is stated broadly enough to cover former § 431 as well as the situation where all issues are tried at the same time but the judge, in his discretion to control the order of trial, departs from usual practice. The rule is probably unnecessary because the court would have discretion to determine sequence of trial without it. The power is made express, however, in the hope that it will encourage use of this discretion to reduce delay and expense. See also CPLR § 603. The phrase beginning with “and otherwise” makes it clear that the broad common law powers of New York judges to regulate trials are continued. The sequence of trial of issues is only one aspect of their extensive discretion.
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: order of trial New Yorksequence of trial issues NYtrial judge control over proceedings New Yorktrial management New York civil casejudge discretion over trial order NYconduct of trial New York civil procedure