The party who has filed the note of issue shall furnish the judge who is to preside at the trial with copies of each pleading, where they have not been superseded by the pre-trial order, plainly marked to indicate which statements are admitted and which controverted by the responsive pleading.
R 4012.Marked pleadings furnished
Article 40. Trial Generally · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 4012 requires the party who filed the note of issue to hand the trial judge copies of every pleading, marked up to show what's admitted and what's disputed, unless a pretrial order has already replaced them.
Full Text of CPLR 4012
Plain-English Summary
CPLR 4012 puts a specific obligation on the party who filed the note of issue: furnish the trial judge with copies of each pleading, marked to show which statements the responsive pleading admits and which it disputes. That obligation drops away where a pretrial order has already superseded the pleadings.
The point is orientation. Marked pleadings let the judge see, before trial even starts, which facts remain contested, rather than working that out from the raw pleadings once testimony is underway.
This rule connects the note of issue filing under CPLR 3402 to the trial judge's management of the case under CPLR 4011, making sure the record the judge starts with reflects the case as it stands at trial.
Frequently Asked Questions
Who has to give the judge marked-up pleadings before trial in New York?
Under CPLR 4012, the party who filed the note of issue must furnish the trial judge with marked copies of each pleading.
What does "marked pleadings" mean under CPLR 4012?
It means copies of the pleadings marked to show which statements the responsive pleading admits and which it controverts, giving the judge a quick view of what remains disputed.
Do marked pleadings still need to be furnished if there's a pretrial order?
No. CPLR 4012 excuses that requirement where the pleadings have already been superseded by a pretrial order.
When must marked pleadings be given to the trial judge in New York?
CPLR 4012 does not set a separate deadline beyond requiring the note of issue filer to furnish them to the judge presiding at trial.
Why does New York require marked pleadings before trial?
Marking the pleadings lets the trial judge see immediately which allegations are admitted and which are contested, without having to piece that together once the trial has started.
Advisory Committee Notes
This rule is based upon RCP 160. The requirement of RCP 160 that the summons be furnished has been omitted since it provided no essential information not available from the pleading. The former rule required furnishing the court with any “offer of judgment.” There is no need for the judge to have this document which may be prejudicial and the requirement is omitted.
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: marked pleadings New York trialfurnishing pleadings to trial judge NYadmitted and controverted allegations New Yorkpretrial order pleadings New Yorktrial preparation pleadings NY civil casepleadings furnished at trial New York