§ 304 — Method of commencing action or special proceeding

New York § 304

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 3: Jurisdiction and Service, Appearance and Choice of Court

Text

§ 304. Method of commencing action or special proceeding. (a) An\naction is commenced by filing a summons and complaint or summons with\nnotice in accordance with rule twenty-one hundred two of this chapter. A\nspecial proceeding is commenced by filing a petition in accordance with\nrule twenty-one hundred two of this chapter. Where a court finds that\ncircumstances prevent immediate filing, the signing of an order\nrequiring the subsequent filing at a specific time and date not later\nthan five days thereafter shall commence the action.\n (b) Notwithstanding any other provision of law, such filing may be\naccomplished by facsimile transmission or electronic means, as defined\nin subdivision (f) of rule twenty-one hundred three of this chapter,\nwhere and in the manner authorized by the chief administrator of the\ncourts by rule.\n (c) For purposes of this section, and for purposes of section two\nhundred three of this chapter and section three hundred six-a of this\narticle, filing shall mean the delivery of the summons with notice,\nsummons and complaint or petition to the clerk of the court in the\ncounty in which the action or special proceeding is brought or any other\nperson designated by the clerk of the court for that purpose. At the\ntime of filing, the filed papers shall be date stamped by the clerk of\nthe court who shall file them and maintain a record of the date of the\nfiling and who shall return forthwith a date stamped copy, together with\nan index number, to the filing party, except where filing is by\nelectronic means. Such filing shall not be accepted unless any fee\nrequired as specified in section eight thousand eighteen of this chapter\nhas been paid. Where filing is by electronic means, any fee required\nshall be paid in the time and manner authorized by the chief\nadministrator of the court by rule.\n (d) Where filing is by facsimile transmission, the clerk of the court\nneed only return a date stamped copy of the first page of the papers\ninitiating the lawsuit, together with the index number.\n (e) Where filing is by electronic means, the clerk shall, in\naccordance with rules promulgated by the chief administrator, forthwith\nnotify the filing party of the index number and the date and time of\nfiling.\n (f) A confirmation record produced by the filing party's facsimile\nmachine or computer and an affidavit of filing by the filing party,\nshall be prima facie evidence that the filing party transmitted\ndocuments consistent with the date, time and place appearing on the\nconfirmation record.\n