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New York Civil Practice Law and Rules 304 - Method Of Commencing Action Or Special Proceeding.

Legal Research Home > New York Lawyer > Civil Practice Laws and Rules > New York Civil Practice Law and Rules 304 - Method Of Commencing Action Or Special Proceeding.

    * § 304. Method of commencing action or special proceeding. An action
  is commenced by filing a summons and complaint or summons with notice. A
  special proceeding is commenced by filing  a  petition.  Where  a  court
  finds  that  circumstances  prevent  immediate filing, the signing of an
  order requiring the subsequent filing at a specific time  and  date  not
  later  than five days thereafter shall commence the action. For purposes
  of this section, and for purposes of section two hundred three  of  this
  chapter  and  section  three hundred six-a of this article, filing shall
  mean the delivery of the summons with notice, summons and  complaint  or
  petition  to the clerk of the court in the county in which the action or
  special proceeding is brought or any  other  person  designated  by  the
  clerk  of  the  court for that purpose together with any fee required as
  specified in rule twenty-one hundred two of  this  chapter  for  filing.
  Notwithstanding  any  other  provision  of  law,  such  delivery  may be
  accomplished by facsimile transmission or electronic means,  as  defined
  in  subdivision  (f)  of  rule twenty-one hundred three of this chapter,
  where and in the manner authorized by the  chief  administrator  of  the
  courts  by  rule.  At the time of filing, the filed papers shall be date
  stamped by the clerk of the court who shall file  them  and  maintain  a
  record  of  the date of the filing and who shall return forthwith a date
  stamped copy, together with an index number, to the filing party.  Where
  filing  is  by  facsimile transmission, the clerk of the court need only
  return a date stamped copy of the first page of  the  papers  initiating
  the  lawsuit,  together  with  the  index  number.  Where  filing  is by
  electronic means, the clerk shall, in accordance with rules  promulgated
  by  the  chief  administrator,  forthwith notify the filing party of the
  index number and the date and time  of  filing.  A  confirmation  record
  produced  by  the  filing  party's  facsimile machine or computer and an
  affidavit of filing by the filing party, shall be prima  facie  evidence
  that  the  filing  party transmitted documents consistent with the date,
  time and place appearing on the confirmation record.
    * NB Effective until September 1, 2009
    * § 304. Method of commencing action or special proceeding. An  action
  is commenced by filing a summons and complaint or summons with notice. A
  special  proceeding  is  commenced  by  filing a petition. Where a court
  finds that circumstances prevent immediate filing,  the  signing  of  an
  order  requiring  the  subsequent filing at a specific time and date not
  later than five days thereafter shall commence the action. For  purposes
  of  this  section,  and  for  purposes of sections two hundred three and
  three hundred six-a of this chapter, filing shall mean the  delivery  of
  the  summons with notice, summons and complaint or petition to the clerk
  of the court in the county in which the action or special proceeding  is
  brought  or  any  other  person designated by the clerk of the court for
  that purpose together  with  any  fee  required  as  specified  in  rule
  twenty-one  hundred  two  of  this  chapter  for filing. At such time of
  filing, the original and a copy of such papers shall be date stamped  by
  a  court  clerk who shall file the original and maintain a record of the
  date of the filing and who shall immediately  return  the  copy  to  the
  party who brought the filing.
    * NB Effective September 1, 2009

Last modified: July 31, 2006