{"jurisdiction": "us-ny", "code": "cplr", "section": "3402", "citation": "CPLR § 3402", "heading": "Note of issue", "text": ["Rule 3402. Note of issue. (a) Placing case on calendar. At any time after issue is first joined, or at least forty days after service of a summons has been completed irrespective of joinder of issue, any party may place a case upon the calendar by filing, within ten days after service, with proof of such service two copies of a note of issue with the clerk and such other data as may be required by the applicable rules of the court in which the note is filed. The clerk shall enter the case upon the calendar as of the date of the filing of the note of issue.", "(b) New parties. A party who brings in a new party shall within five days thereafter serve him with the note of issue and file a statement with the clerk advising him of the bringing in of such new party and of any change in the title of the action, with proof of service of the note of issue upon the new party, and of such statement upon all parties who have appeared in the action. The case shall retain its place upon the calendar unless the court otherwise directs."], "official_source": "https://www.nysenate.gov/legislation/laws/CVP/3402", "from_official_api": true, "plain_english": "The **note of issue** is the document that puts a civil case onto the trial calendar.\n\n- **When you can file:** any time after issue is first joined (i.e., after the answer), OR at least **40 days** after the summons was served, even if no answer came in. ★\n- **How:** file **two copies** of the note of issue with the clerk, **with proof of service**, within **10 days after service**, plus any other data the court's rules require. ★\n- The **clerk enters the case on the calendar as of the filing date** of the note of issue. ★ (This is the clerk's job.)\n- **(b) New parties.** If a party brings in a new party, within **5 days** they must serve the new party with the note of issue and file a statement with the clerk about the new party and any change in the action's title, with proof of service. ★ The case **keeps its calendar spot** unless the court says otherwise.", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cplr/3402", "publisher": "Elyphived LLC"}