(a) Motion to correct. Either party may move to cure a defect or omission in the record, or to strike scandalous or prejudicial matter unnecessarily inserted in a pleading, or for a more definite statement of a pleading which is so vague or ambiguous that he cannot reasonably be required to frame a response.
§ 405.Correction of defects in papers
Article 4. Special Proceedings · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 405 lets either party move to cure a defect or omission in the record, strike scandalous or prejudicial matter, or demand a more definite statement, and sets tight deadlines for making that motion and for pleading afterward.
Full Text of CPLR 405
(b) Time limits; pleading after disposition. A party shall make a motion under this section by serving a notice of motion or order to show cause within the time allowed for his responsive pleading. Unless the court so orders on motion made without notice on the ground that the party is unable to plead until the papers are corrected, the motion shall not extend the time for such responsive pleading. If the motion is granted, the party who made the motion shall serve and file his responsive pleading within five days after service of the amended pleading. If the motion is denied and the time to serve a responsive pleading has been extended, the party shall serve and file his responsive pleading within two days after service of the order denying the motion with notice of entry, unless the order specifies otherwise. A party may re-notice the matter for hearing upon two days’ notice.
(c) Petitioner’s motion. The petitioner may raise the objections specified in subdivision (a) in his reply or by motion on the day on which the petition has been noticed or re-noticed to be heard.
Plain-English Summary
Subdivision (a) gives either party three related tools: a motion to cure a defect or omission in the record, a motion to strike scandalous or prejudicial matter that someone inserted into a pleading without need, or a motion for a more definite statement where a pleading is so vague or ambiguous that a party can't reasonably frame a response to it.
Subdivision (b) sets the clock on that motion. It has to be made — by notice of motion or order to show cause — within the time allowed for the responsive pleading, and making it doesn't extend that time unless the court orders otherwise on an unnoticed motion showing the party can't plead until the papers are corrected. If the court grants the motion, the moving party's responsive pleading is due within five days after service of the amended pleading. If the court denies it after already extending the time to respond, the responsive pleading is due within two days after service of the order denying the motion with notice of entry, unless the order says otherwise. Either party can then re-notice the matter for hearing on two days' notice.
Subdivision (c) gives the petitioner a shortcut: rather than a standalone motion, the petitioner may raise these same objections in the reply or by a motion made on the day the petition is noticed or re-noticed to be heard, keeping the correction process tied to the proceeding's existing schedule.
Frequently Asked Questions
What can I ask the court to fix under CPLR 405?
A defect or omission in the record, scandalous or prejudicial matter unnecessarily inserted in a pleading, or a pleading so vague or ambiguous that a party can't reasonably respond to it.
Does moving to correct a pleading give me more time to respond?
Not automatically. CPLR 405(b) says the motion doesn't extend the time for a responsive pleading unless the court orders otherwise on a showing that the moving party can't plead until the papers are corrected.
What is a motion for a more definite statement?
A motion asking the court to require a clearer pleading because the one on file is so vague or ambiguous that a party can't reasonably be expected to frame a response to it.
What happens if the court grants my motion to correct a defect?
The party who made the motion must serve and file a responsive pleading within five days after service of the amended pleading.
Can a petitioner use CPLR 405 too?
Yes. Subdivision (c) lets the petitioner raise the same objections in the reply or by a motion made on the day the petition is noticed or re-noticed to be heard.
Advisory Committee Notes
This section is based upon CPA § 1294, as amended in 1958 upon recommendation of the New York State Bar Association Committee on Administrative Law. NY Laws 1958, c 885. This section extends it to all special proceedings.
Subd (a) varies slightly from the first sentence of CPA § 1294. The statement of the defects in pleadings that may be reached by the motion has been conformed to that in new CPLA rule 3024, governing motions to correct pleadings in an action. Thus, it does not allow a motion to strike irrelevant, immaterial or redundant matter unless such matter is also prejudicial; and it states more clearly than CPA § 1294 that the motion may be used to correct a vague or ambiguous pleading. Since the motion may also be based upon a “defect or omission in the record” there is no need to retain CPA § 112. Section 112 is a holdover from the pre-article 78 proceedings to review the determination of a body or officer. In the Throop Code it appeared, together with the other provisions relating to certiorari to review, as § 2124; at that time it authorized an appellate court reviewing the determination of a body or officer. In the Throop Code it appeared, together with the other provisions relating to certiorari to review, as § 2124;
at that time it authorized an appellate court reviewing the determination of a body or officer to issue a writ of certiorari requiring the body or officer to supply any “diminution, variance, or other defect, in the record or other papers.” The authors of the CPA substituted the use of an ordinary order for the same purpose and removed the section to its position in the article governing “Mistakes, Defects and Irregularities,” while the rest of the provisions governing certiorari, mandamus and prohibition were placed in former articles 78–80. See Report of the Joint Legislative Committee on the Simplification of Civil Practice 111 (1919). The 1937 revision which produced CPA article 78 took no account of § 112. See 3 NY Jud Council Rep 129-98 (1937). According to Throop’s note the section served a purpose analogous to that of the provision permitting a respondent in an ordinary appeal to transmit the papers to the appellate court, if the appellant failed to do so, and tax the expense thereof as disbursements. See NY Code Civ Proc § 2124, note (Throop ed 1880); id. § 1315; cf. CPA § 607-d. Apart from the question of costs, there is no problem of “diminution, variance, or other defect” under former appeals practice or new CPLR article 55, since both parties have equal access to the papers and there is ample provision for settlement of a transcript of the proceedings below.
Subds (b) and (c) are taken from the 1958 additions to CPA § 1294 with only minor verbal changes. Like the 1959 amendments to CPA § 1293, they insure expeditious handling of the motion and the committee has extended them to special proceedings generally. Subd (b) has been reworded to reflect the fact that a motion may be made by either party. Time to serve and file a responsive pleading, if the motion is denied and the party’s time to serve such pleading has been extended, has been shortened from five to two days.
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: correction of defects special proceeding NYmore definite statement New Yorkmotion to strike scandalous matterCPLR 405 pleadings defectspecial proceeding pleading correction