When a term of a court fails or is adjourned or the time or place of holding it is changed, all persons are bound to appear and all proceedings shall continue at the time and place to which the term is adjourned or changed, or, if it has failed, at the next term, with like effect as if the term had been held as originally appointed.
R 9001.No abatement by failure, adjournment, or change of time or place of term of court.
Article 90. Failure or Adjournment of Term of Court · Last amended 1963 · Last verified July 21, 2026
In one sentenceSection 9001 provides that when a term of court fails, is adjourned, or has its time or place changed, all persons remain bound to appear and all proceedings continue at the adjourned or changed time and place, or at the next term, as if the term had been held as originally appointed.
Full Text of CPLR 9001
Plain-English Summary
Section 9001 keeps a case from being disrupted by a scheduling problem with the court term itself. If a term of court fails to happen, is adjourned, or has its time or place changed, everyone who was bound to appear at the original term remains bound to appear, and every proceeding continues at the new time and place. If the term failed altogether without an adjournment to a specific new date, proceedings pick up at the next term.
The rule treats the adjourned, relocated, or next term as having the same effect as if the original term had gone forward as scheduled. Nothing about a party's obligations or the status of pending proceedings changes because of the administrative failure or adjournment of the court term.
Frequently Asked Questions
What happens if a scheduled term of court does not take place?
Section 9001 says proceedings continue at the next term, with the same effect as if the original term had been held as scheduled.
If the term is adjourned to a different time or place, do parties need new notice to appear?
The section keeps all persons bound to appear and all proceedings continuing at the adjourned time and place, treating it the same as the originally appointed term.
Does a change in the time or place of a term of court affect pending proceedings?
No. Section 9001 provides that proceedings continue at the changed time and place with the same effect as if the term had been held as originally appointed.
Does section 9001 create new deadlines?
No. It preserves continuity of pending proceedings and appearance obligations when a term fails, is adjourned, or is relocated; it does not itself set new time limits.
Where does section 9001 come from?
The committee notes describe it as derived from a prior Civil Practice Act provision without a change of substance.
Advisory Committee Notes
This rule is derived from CPA § 92 with no change of substance.
Amendment History
Add, L 1962, ch 308, § 1, 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: failure or adjournment of term of courtCPLR 9001 no abatementchange of time or place of court term CPLRterm of court adjourned proceedings continue