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R 3036.Court determination

Article 30. Remedies and Pleading · Last amended 1964 · Last verified July 21, 2026

In one sentenceCPLR 3036 is the operating rule for New York's simplified procedure -- it relaxes the rules of evidence, authorizes default judgments and expert testimony, stays related pending cases, gives the court broad pretrial powers including summary judgment, and fixes what goes into the judgment roll.

Full Text of CPLR 3036

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1. Except upon a trial under paragraph three of rule 3034 of the issue of the making of the contract or submission, the rules as to the admissibility of evidence, except as provided by statutes relating to privileged communications, and as to procedure shall be dispensed with unless the court shall otherwise direct, and shall not apply to or exclude, limit, or restrict the taking of any testimony and the adducing of any proof.
2. In any action brought pursuant to the simplified procedure for court determination of disputes in which the court shall be of the opinion that evidence by an impartial expert would be of material aid to the just determination of the action, it may direct that such evidence be obtained. The fee and expenses of such expert shall be paid by the parties as, in its discretion, the court may direct.
3. Any action or proceeding, other than one brought in accordance with the simplified procedure, which presents an issue referable to the court for determination under the simplified procedure may be stayed by the court in which such action or proceeding is pending, or by the supreme court.
4. If the court directs a party to the contract or submission to serve a statement within a given time, and the party fails to do so, or if a party fails to appear upon proper notice, judgment by default may be awarded.
5. At a pre-trial conference, or at any other time on motion of any party or on its own motion, on notice to the parties, and upon such terms and conditions as in its discretion may seem proper, the court may (a) order or allow any party to serve an additional or amended statement of facts; (b) direct pre-trial disclosure of evidence and discovery and inspection of books, records and documents; (c) permit the taking of depositions for use at the hearing; (d) limit or restrict the number of experts to be heard as witnesses; (e) clarify and define the issues to be tried; (f) stay or transfer and consolidate with the action any other civil action or proceeding pending in any court between parties to the action; (g) grant summary judgment in favor of any party as in rule 3212 provided.
6. After a statement complying with the requirements of rule 3032 or settled in accordance with rule 3034 has been filed, any party may serve and file a note of issue. Trial of the action shall commence on the date specified in such note of issue or as soon thereafter as may be practicable. Completion of preliminary procedures required by local court rules prior to the placing of a case upon the calendar for trial shall not be required in actions under the New York Simplified Procedure for Court Determination of Disputes.
7. The judgment roll shall consist of the submission or contract; the statement of claims and defenses; each paper submitted to the court upon a motion and each order of the court thereon; a copy of the judgment and of each paper necessarily affecting the judgment.
8. Those provisions of the civil practice law and rules pertaining to venue, entry and enforcement of judgment and the continuance of a civil action in case of the death or incompetency of parties shall apply to actions under the simplified procedure.
9. Costs and disbursements may be awarded by the court in its discretion. If awarded, the amount thereof must be included in the judgment.
End

Plain-English Summary

Rule 3036 does the heavy lifting for the simplified procedure. Outside a trial on whether a submission contract was made, the court can dispense with the ordinary rules on evidence and procedure -- except statutes protecting privileged communications -- and admit any testimony or proof it thinks is useful. The court can also order an impartial expert to help decide the case, with the parties covering the expert's fee as the court directs, and it can stay any other pending action or proceeding that raises an issue the simplified procedure is meant to resolve.

Failure to participate carries real consequences. If a party doesn't serve a required statement or doesn't show up after proper notice, the court can enter judgment by default. At a pretrial conference, or at any other time on notice, the court has wide latitude: it can allow additional or amended statements, order discovery and inspection of documents, permit depositions, limit the number of expert witnesses, sharpen the issues for trial, stay or consolidate related cases, and grant summary judgment under rule 3212 the same as in an ordinary action.

Once a statement is filed or settled, any party can file a note of issue, and trial starts on the date it specifies (or as soon after as practical) without the local pre-calendar steps that ordinary cases require. The judgment roll includes the submission or contract, the statement of claims and defenses, the motion papers and orders, and the judgment itself. Standard CPLR rules on venue, entering and enforcing judgments, and continuing an action after a party's death or incompetency still apply, and the court can award costs and disbursements in its discretion.

Frequently Asked Questions

How informal is a trial under CPLR 3036?

The court can dispense with the ordinary rules on evidence and procedure -- apart from statutes on privileged communications -- and admit any testimony or proof it finds useful.

Can a party get a default judgment in a simplified-procedure case?

Yes. If a party fails to serve a statement the court directed, or fails to appear after proper notice, rule 3036 lets the court award judgment by default.

Can the court order discovery in a case under the simplified procedure?

Yes, at a pretrial conference or at any other time, the court can direct pretrial disclosure, order inspection of documents, and permit depositions for use at the hearing.

Can a court grant summary judgment under CPLR 3036?

Yes, the rule lets the court grant summary judgment in favor of any party the same way it would under rule 3212.

What goes into the judgment roll in a simplified-procedure case?

The submission or contract, the statement of claims and defenses, every paper filed on a motion and the resulting orders, and a copy of the judgment and any paper that affects it.

Can costs be awarded in a simplified-procedure case?

Yes, the court may award costs and disbursements in its discretion, and any amount awarded must be included in the judgment.

Amendment History

Add, L 1962, ch 308; amd, L 1964, ch 388, § 14, eff Sept 1, 1964.

Source & verification. Provision text, History, and Advisory Committee Notes are reproduced verbatim from the Consolidated Laws of New York. Last verified July 21, 2026. · Official source
Also known as: CPLR 3036 New Yorkcourt determination simplified proceduresimplified procedure default judgmentCPLR 3036 discovery pretrial conferencesummary judgment simplified procedure New York