(a) Furnishing of papers; filing. Upon the hearing, each party shall furnish to the court all papers served by him. The petitioner shall furnish all other papers not already in the possession of the court necessary to the consideration of the questions involved. Where such papers are in the possession of an adverse party, they shall be produced by such party at the hearing on notice served with the petition. The court may require the submission of additional proof. All papers furnished to the court shall be filed unless the court orders otherwise.
R 409.Hearing
Article 4. Special Proceedings · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 409 tells each party what papers to bring to the hearing of a special proceeding and directs the court to decide the matter summarily on the pleadings, papers, and admissions wherever no triable issue of fact remains.
Full Text of CPLR 409
(b) Summary determination. The court shall make a summary determination upon the pleadings, papers and admissions to the extent that no triable issues of fact are raised. The court may make any orders permitted on a motion for summary judgment.
Plain-English Summary
Subdivision (a) sets out who furnishes what at the hearing. Each party has to furnish the court all papers that party served on anyone else, and the petitioner has to furnish any other papers, not already before the court, that bear on the questions the proceeding raises. If those papers sit in an adverse party's hands, that party has to produce them at the hearing when the petition's notice called for it. The court can also require additional proof beyond what's already on file, and whatever papers reach the court get filed unless the court directs otherwise.
Subdivision (b) fixes how the court decides the case: it makes a summary determination on the pleadings, papers, and admissions, to the extent no triable issues of fact stand in the way, and it may enter any order a motion for summary judgment would allow. A special proceeding is built to be resolved this way by default — on the written record, without live testimony — unless a genuine factual dispute forces something more.
When a real triable issue does surface, CPLR 409 hands the case off to the trial procedure in CPLR 410, which picks up exactly where summary determination leaves off.
Frequently Asked Questions
What has to be brought to a special proceeding hearing?
Each party furnishes the papers it served on others, the petitioner furnishes any other necessary papers not already before the court, and an adverse party produces papers in its possession that the petition's notice called for.
How does a special proceeding usually get decided?
By summary determination. CPLR 409(b) directs the court to decide the matter on the pleadings, papers, and admissions to the extent no triable issues of fact are raised.
Is a special proceeding hearing like a summary judgment motion?
In practice, yes. The court may make any order permitted on a motion for summary judgment, and the case is resolved on the papers unless a genuine factual dispute requires a trial.
What if I don't have a paper the court needs?
If it's in an adverse party's possession, that party has to produce it at the hearing when the notice served with the petition called for it. The court can also require additional proof on its own.
Does the court ever require more proof than what's already filed?
Yes. CPLR 409(a) lets the court require the submission of additional proof beyond the papers the parties have already furnished.
Advisory Committee Notes
Subd (a) is based upon new CPLR rule 2214(c) as to motions. Cf. RCP 65. The hearing in a special proceeding closely resembles the hearing on a motion and the reasons for the provisions of the motion rule apply here. The rule will facilitate the submission to the court upon the hearing of all relevant documentary evidence necessary for a summary determination. It is contemplated that where additional proof is required, the court may adjourn the hearing or allow the submission of such proof after the hearing. The next to the last sentence expresses the former practice in special proceedings and on motions. CPA § 101; RCP 71. Provision that court may dispense with filing of a paper added to conform to motion practice.
Subd (b) requires the equivalent of a summary judgment in every case. Since there is no necessity of a motion for such relief, the provision of new CPLR rule 3212, except as specifically retained, would be inapplicable to special proceedings. The last sentence of this subdivision, by allowing a partial determination, affords an opportunity for the summary disposition of as great a portion of the case as possible. If a trial is necessary, an order limiting issues for trial in the nature of a pre-trial order is permitted. Such order should be based upon an examination of the papers and a conference similar to a pre-trial conference.
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: special proceeding hearing New Yorksummary determination special proceeding NYCPLR 409 hearing procedurepapers required special proceeding hearing