§ 2101 — Form of papers

New York § 2101

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 21: Papers

Text

Rule 2101. Form of papers. (a) Quality, size and legibility. Each\npaper served or filed shall be durable, white and, except for summonses,\nsubpoenas, notices of appearance, notes of issue, orders of protection,\ntemporary orders of protection and exhibits, shall be eleven by eight\nand one-half inches in size. The writing shall be legible and in black\nink. Beneath each signature shall be printed the name signed. The\nletters in the summons shall be in clear type of no less than\ntwelve-point in size. Each other printed or typed paper served or filed,\nexcept an exhibit, shall be in clear type of no less than ten-point in\nsize.\n (b) Language. Each paper served or filed shall be in the English\nlanguage which, where practicable, shall be of ordinary usage. Where an\naffidavit or exhibit annexed to a paper served or filed is in a foreign\nlanguage, it shall be accompanied by an English translation and an\naffidavit by the translator stating his qualifications and that the\ntranslation is accurate.\n (c) Caption. Each paper served or filed shall begin with a caption\nsetting forth the name of the court, the venue, the title of the action,\nthe nature of the paper and the index number of the action if one has\nbeen assigned. In a summons, a complaint or a judgment the title shall\ninclude the names of all parties, but in all other papers it shall be\nsufficient to state the name of the first named party on each side with\nan appropriate indication of any omissions.\n (d) Indorsement by attorney. Each paper served or filed shall be\nindorsed with the name, address and telephone number of the attorney for\nthe party serving or filing the paper, or if the party does not appear\nby attorney, with the name, address and telephone number of the party.\n (e) Copies. Except where otherwise specifically prescribed, copies,\nrather than originals, of all papers, including orders, affidavits and\nexhibits may be served or filed. Where it is required that the original\nbe served or filed and the original is lost or withheld, the court may\nauthorize a copy to be served or filed.\n (f) Defects in form; waiver. A defect in the form of a paper, if a\nsubstantial right of a party is not prejudiced, shall be disregarded by\nthe court, and leave to correct shall be freely given. The party on whom\na paper is served shall be deemed to have waived objection to any defect\nin form unless, within fifteen days after the receipt thereof, the party\non whom the paper is served returns the paper to the party serving it\nwith a statement of particular objections.\n (g) Service by electronic means. Each paper served or filed by\nelectronic means, as defined in subdivision (f) of rule twenty-one\nhundred three, shall be capable of being reproduced by the receiver so\nas to comply with the provisions of subdivisions (a) through (d) of this\nrule.\n