Title UDC, Uniform District Court

§ 301. Transitory actions; venue. An action, other than an action to establish a mechanic's lien on real property, shall be brought: (a) in the district in which one of the parties resides at the commencement thereof; or (b) if no party then resides in such district, in the distr…

§ 302. Mechanic's lien; venue. An action to establish a mechanic's lien on real property shall be brought in the district in which such property or a part thereof is situated.

§ 303. Summary proceedings; venue. A summary proceeding to recover possession of real property or to remove tenants therefrom shall be brought in the district in which such property or a part thereof is situated.

§ 304. Actions by or against county; venue. (a) An action by or on behalf of the county or any department thereof, to recover a fine or penalty, shall be brought in the district where the cause of action arose. (b) An action against the county shall be brought in the district whe…

§ 305. Assignees; corporations and associations. (a) If the plaintiff is an assignee of the cause of action, the original owner of the cause of action shall be deemed the plaintiff for the purpose of determining proper venue. (b) A corporation or unincorporated association shall …

§ 306. Change of venue; procedure. The bringing of an action or proceeding in the wrong district in the county shall not be deemed a jurisdictional defect, but the court may of its own motion, and must on the motion of a party defendant, transfer the action or proceeding to a pro…

§ 307. Venue; rules. Notwithstanding the provisions of this article, the rules may establish a part or parts of the court where designated classes of cases shall be brought or tried.

§ 400. Method of commencing action or special proceeding. 1. An action is commenced in this court by filing a summons and complaint. A special proceeding is commenced by filing a notice of petition and petition or order to show cause and petition. For purposes of this section, an…

§ 401. Summons; issuance; form. (a) The summons may be issued by the plaintiff's attorney, or, if the plaintiff appears without attorney, by the clerk. (b) The summons shall be in such form as may be provided by rule. It shall contain the residence address of the plaintiff and, i…

§ 402. Summons; time to appear and answer. (a) If the summons is personally served within the county on a natural person pursuant to CPLR § 308(1), or on a corporation pursuant to CPLR § 311(1), it shall require the defendant to appear and answer within twenty days after its serv…

§ 403. Summons; method and place of service. Service of summons shall be made in the manner prescribed in supreme court practice, including the optional method of service by mail authorized by CPLR 312-a, but it shall be made only within the county unless service beyond the count…

§ 404. Summons; personal jurisdiction by acts of non-residents. (a) Acts which are the basis of jurisdiction. The court may exercise personal jurisdiction over any non-resident of the county, or his executor or administrator, as to a cause of action arising from any of the acts e…

§ 405. Summons; service without the county permissible but not giving personal jurisdiction in certain actions. Service may be made without the county or the state by any person authorized to make service in a like instance in supreme court and in the same manner as service in su…

§ 406. Summons; service by publication authorized. The court, upon motion without notice, shall order service of a summons by publication in an action described in § 405 if service cannot be made by another method with due diligence. Practice and procedure on service by publicati…

§ 407. Summons; action commenced pursuant to CPLR § 303. In any action in this court to be commenced by service of summons upon an attorney or a clerk as agent, as authorized by CPLR § 303, such service may be made in such manner and at such place, regardless of county lines, as …

§ 408. Summons; service outside county to bring in certain additional parties. A summons may be served in such manner and at such place, regardless of county or state lines, as would confer jurisdiction on supreme court in a like instance, upon: (a) a third-party defendant as set…

§ 409. Summons and complaint, notice of petition and petition or order to show cause and petition; filing proof of service. (a) Proof of service of the summons and complaint, notice of petition and petition or order to show cause and petition shall be filed with the clerk of the …

§ 410. Summons; when service complete. The service of summons is complete: (a) immediately upon personal delivery to the defendant, where § 402(a) is applicable; or (b) upon the filing of proof of service, where § 402(b) is applicable.

§ 411. Service of summons and complaint, third-party summons and complaint, petition with a notice of petition or order to show cause and petition upon defendant. Service of the summons and complaint, third-party summons and complaint, petition with a notice of petition or order …

§ 412. Accrual of interest. In any action, petition, order to show cause or other proceeding wherein interest accrues from the date of the inception of the action, petition, order or proceeding, such entitlement to interest shall not accrue until service is completed by the actua…

§ 701. Direction and execution of mandates. (a) In an action or proceeding brought in the court, all civil processes and mandates, except as otherwise provided in this act, may be served or executed only within the county. They shall be executed by the court's enforcement officer…

§ 801. Provisional remedies; procedure. Whenever the remedies set forth in § 209 of this act may issue out of this court under the terms of said section, practice and procedure thereon shall be governed, insofar as consistent with this act, by the CPLR and such other provisions o…

§ 802. Tender and offer. The provisions of rules 3219, 3220 and 3221 of the CPLR, treating respectively of tender, offer to liquidate damages conditionally and offer to compromise, shall be applicable in this court, with the additional requirement that at the time of service upon…

§ 901. Pleadings; in general. Pleadings between plaintiff and defendant shall consist of complaint and answer and, when ordered, a reply. Such order may be made by motion on notice or by the court of its own motion.

§ 902. Pleadings; form. (a) All pleadings shall be formal pleadings, as in supreme court practice, except that: (1) If the plaintiff's cause of action is for money only and the summons is served within the county, the cause of action may be set forth by indorsement upon the summo…

§ 903. Pleadings; requirements of formal pleading inapplicable to indorsement pleading. The requirements of this act or of the CPLR applicable to a formal pleading shall not be applicable to an indorsement pleading.

§ 905. Pleadings; defenses. The court may consider any defense to a cause of action or claim asserted by any party, whether such defense be denominated or deemed legal or equitable in nature.

§ 907. Pleadings; subsequent pleading containing cause of action. (a) Counterclaim. The plaintiff may reply to a counterclaim but shall not be required to do so except by court order. If the plaintiff elects voluntarily to reply, he shall do so within ten days after service of th…

§ 908. Pleadings; verification. Verification of pleadings shall be governed by the CPLR, except that if a pleading be not formal it need not be verified. The court in such instance may require a formal pleading as provided in subdivision (e) of § 902, and order its verification. …

§ 909. Pleadings; amended and supplemental. (a) A party may amend his pleading once without leave of court at any time before the period for responding to it expires, or within ten days after its service or the service of a pleading responding to it. An amended pleading which req…

§ 910. Simplified procedure for court determination of disputes; action without pleadings. The simplified procedure for court determination of disputes set forth in CPLR §§ 3031, 3035 and 3037, and rules 3032 and 3036, shall apply in this court insofar as they may be applicable …