Unless otherwise ordered by the appellate division, no person shall be admitted to practice without a certificate from the proper committee that it has carefully investigated the character and fitness of the applicant and that, in such respects, he is entitled to admission. To enable the committee to make such investigation, the justices of the appellate division are authorized to prescribe and from time to time to amend a form of statement or questionnaire to be submitted by the applicant, including specifically his present and such past places of actual residence as may be required therein, listing the street and number, if any, and the period of time he resided at each place.
R 9404.Certificate of character and fitness.
Article 94. Admission to Practice · Last amended 1973 · Last verified July 21, 2026
In one sentenceCPLR 9404 requires a certificate of character and fitness from the proper committee before admission, and authorizes the Appellate Division to prescribe the questionnaire applicants must fill out, including their residence history.
Full Text of CPLR 9404
Plain-English Summary
CPLR 9404 states the basic gate to admission: unless the Appellate Division orders otherwise, no one can be admitted to practice without a certificate from the proper committee. That certificate confirms the committee carefully investigated the applicant's character and fitness and concluded the applicant is entitled to admission on those grounds.
To carry out that investigation, the section authorizes the justices of the Appellate Division to prescribe, and amend as needed, a form of statement or questionnaire that applicants must submit. The statute specifically calls out residence history as required content: the applicant's present address and such past addresses as the form requires, down to the street and number where applicable, along with how long the applicant lived at each place.
Read together with CPLR 9401 and 9402, this section is where the committee's investigative role becomes concrete: it is the body that issues (or withholds) the certificate that stands between an applicant and admission.
Frequently Asked Questions
What does the character and fitness committee do with my questionnaire?
The committee uses the statement or questionnaire, prescribed by the Appellate Division justices under this section, as part of its investigation into the applicant's character and fitness before deciding whether to issue a certificate.
Can I be admitted without a certificate from the committee?
Ordinarily no. CPLR 9404 requires the certificate unless the Appellate Division itself orders otherwise.
Why does the questionnaire ask about my past addresses?
The statute specifically authorizes the Appellate Division to require the applicant's present and past places of actual residence, including street, number, and duration, as part of the character and fitness inquiry.
Who writes the questionnaire applicants have to fill out?
The justices of the Appellate Division prescribe the form, and they may amend it from time to time.
What does the certificate say?
It states that the committee carefully investigated the applicant's character and fitness and that the applicant is entitled to admission in those respects.
Does having a certificate guarantee I will be admitted?
The certificate is a required step toward admission under this section, but this is legal information about the process, not advice on whether a particular applicant will ultimately be admitted.
Amendment History
Add, L 1962, ch 308, § 1; amd, L 1965, ch 675, § 1; 1973 Judicial Conference, eff Sept 1, 1973.
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: CPLR 9404 certificate of character and fitnessNew York bar character and fitness questionnaireCPLR 9404 residence history bar applicationcertificate of good character New York attorneyCPLR 9404 admission to practice