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R 512.Change of place of trial of action or issue triable without a jury.

Article 5. Venue · Last amended 1963 · Last verified July 21, 2026

In one sentenceCPLR 512 gives courts discretion to hold the trial of a non-jury action, or of any issue that does not require a jury, in any county within the judicial district, even though the case is not filed there.

Full Text of CPLR 512

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The place of trial of an action or any issue triable without a jury may be, in the discretion of the court, in any county within the judicial district in which the action is triable. After the trial, the decision and all other papers relating to the trial shall be filed and the judgment entered in the county where the action is pending.

Plain-English Summary

Not every dispute needs a jury, and CPLR 512 relaxes the normal venue rules once one drops out of the picture. When an action, or even a single issue within it, will be tried without a jury, the court can hold that trial in any county within the judicial district where the case is pending, not just the county of record.

The flexibility exists because non-jury matters, such as many equitable claims or discrete factual issues carved out for a bench ruling, often turn on scheduling and courtroom availability more than on where witnesses or the parties live. Letting the court pick any county in the district keeps cases moving without forcing a full venue-change motion under CPLR 510 and 511.

After the trial, the record doesn't stay in the county where the proceeding took place. The decision, the trial papers, and the judgment all get filed and entered in the county where the action is pending, so the case's official home never moves; only the location of that particular trial does.

Frequently Asked Questions

Can a non-jury trial be held outside the county where the case is filed?

Yes. CPLR 512 lets the court hold the trial of a non-jury action, or a single non-jury issue, in any county within the same judicial district.

Does this rule apply to jury trials?

No. CPLR 512 is limited to actions and issues triable without a jury; a jury trial follows the ordinary venue rules in CPLR 509 through 511.

Where does the judgment get entered after a bench trial held under CPLR 512?

The judgment, the decision, and the other trial papers are filed and entered in the county where the action is pending, even if the trial itself happened elsewhere in the district.

Do I need to file a motion to get a different county under CPLR 512?

The decision rests in the court's discretion rather than requiring the kind of formal motion CPLR 511 sets up for a full venue change.

What kinds of matters typically use CPLR 512?

It covers non-jury actions and discrete issues carved out of larger cases for a bench decision, where courtroom scheduling within the judicial district matters more than the county of record.

Advisory Committee Notes

This section is derived without substantial change from CPA § 185.

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: non-jury trial venue New Yorkbench trial location NYchange venue for non-jury issuejudicial district trial location CPLR