Title UDC, Uniform District Court

§ 301. Transitory actions; venue.\n An action, other than an action to establish a mechanic's lien on real\nproperty, shall be brought:\n (a) in the district in which one of the parties resides at the\ncommencement thereof; or\n (b) if no party then resides in such district, in t…

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

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

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

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

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

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

§ 400. Method of commencing action or special proceeding.\n 1. An action is commenced in this court by filing a summons and\ncomplaint. A special proceeding is commenced by filing a notice of\npetition and petition or order to show cause and petition. For purposes\nof this sectio…

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

§ 402. Summons; time to appear and answer.\n (a) If the summons is personally served within the county on a natural\nperson pursuant to CPLR § 308(1), or on a corporation pursuant to CPLR §\n311(1), it shall require the defendant to appear and answer within\ntwenty days after its…

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

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

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

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

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

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

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

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

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

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

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

§ 801. Provisional remedies; procedure.\n Whenever the remedies set forth in § 209 of this act may issue out of\nthis court under the terms of said section, practice and procedure\nthereon shall be governed, insofar as consistent with this act, by the\nCPLR and such other provisi…

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

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

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

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

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

§ 907. Pleadings; subsequent pleading containing cause of action.\n (a) Counterclaim. The plaintiff may reply to a counterclaim but shall\nnot be required to do so except by court order. If the plaintiff elects\nvoluntarily to reply, he shall do so within ten days after service o…

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

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

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