Upon stipulation of the parties, the judge who is to preside at the trial of an issue may direct trial in whole or in part at a specified place other than the courthouse.
R 4013.Trial elsewhere than at courthouse
Article 40. Trial Generally · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 4013 lets the judge presiding at trial, once the parties stipulate to it, direct that the trial, in whole or in part, be held at a specified location other than the courthouse.
Full Text of CPLR 4013
Plain-English Summary
CPLR 4013 lets the judge presiding at trial direct that the trial, in whole or in part, be held somewhere other than the courthouse, but only if the parties stipulate to it.
This comes up when a court needs to see something a courtroom cannot bring to it, a property in dispute, an accident scene, or a witness who cannot travel. Because the trial judge's presence is required at the alternate location, the request goes to that judge rather than to a motion judge or another court officer.
The rule is party-driven: a court cannot order a change of location on its own initiative under this section, only carry out one the parties have agreed to.
Frequently Asked Questions
Can a New York trial be held somewhere other than the courthouse?
Yes. CPLR 4013 lets the trial judge direct that a trial, in whole or in part, take place at a location other than the courthouse.
Do both parties need to agree before a trial location changes under CPLR 4013?
Yes. CPLR 4013 requires a stipulation of the parties before the trial judge can direct trial elsewhere.
Who decides whether to hold trial outside the courthouse in New York?
The judge who is to preside at the trial makes that decision, since CPLR 4013 requires that judge's presence at the alternate location.
What kind of situations call for a CPLR 4013 off-site trial?
Common reasons include viewing a property or accident scene in dispute or accommodating a witness who cannot appear at the courthouse.
Can only part of a trial be held outside the courthouse under CPLR 4013?
Yes. The rule permits trial in whole or in part at a specified place other than the courthouse.
Advisory Committee Notes
This rule is a simplification of the provisions of CPA § 437 and RCP 159. A request for trial elsewhere than at the courthouse should be made to the trial judge since his presence will be required at the place of trial.
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: trial outside the courthouse New Yorkoff-site trial stipulation NYview of property during trial New Yorktrial location change New York civil casemoving trial location by agreement NYtrial elsewhere than courthouse CPLR