{"jurisdiction": "us-ny", "code": "cplr", "section": "4213", "citation": "CPLR § 4213", "heading": "Decision of the court", "text": ["§ 4213. Decision of the court. (a) Requests for findings. Before the case is finally submitted, the court shall afford the parties an opportunity to submit requests for findings of fact. Each request shall be numbered and so phrased that the court may conveniently pass upon it.", "(b) Form of decision. The decision of the court may be oral or in writing and shall state the facts it deems essential. In any action brought to recover damages for personal injury, injury to property, or wrongful death, a decision awarding damages shall specify the applicable elements of special and general damages upon which the award is based and the amount assigned to each element, including but not limited to medical expenses, dental expenses, podiatric expenses, loss of earnings, impairment of earning ability, and pain and suffering. In a medical, dental or podiatric malpractice action, commenced on or after July twenty-sixth, two thousand three, the court's decision as to future damages shall be itemized in accordance with subdivision (d) of rule forty-one hundred eleven of this chapter. In any action brought to recover damages for personal injury, injury to property or wrongful death, other than a medical, dental or podiatric malpractice action commenced on or after July twenty-sixth, two thousand three, the court's decision as to future damages shall be itemized in accordance with subdivision (e) of rule forty-one hundred eleven of this chapter.", "(c) Time for decision. The decision of the court shall be rendered within sixty days after the cause or matter is finally submitted or within sixty days after a motion under rule 4403, whichever is later, unless the parties agree to extend the time."], "official_source": "https://www.nysenate.gov/legislation/laws/CVP/4213", "from_official_api": true, "plain_english": "How the judge's decision gets made and written:\n\n- **(a) Requests for findings.** **Before the case is finally submitted**, the court must give the parties a chance to submit **requests for findings of fact**. Each request must be **numbered** and phrased so the court can conveniently rule on it. ★\n- **(b) Form of decision.** The decision may be **oral or in writing** and **must state the facts the court deems essential**. ★ In personal injury / property damage / wrongful death cases, a **damages award must itemize** the special and general damages elements and the amount for each (medical, dental, podiatric expenses, lost earnings, impaired earning ability, pain and suffering). Future damages get itemized under **rule 4111(d)** for med/dental/podiatric malpractice **on or after July 26, 2003**, and under **rule 4111(e)** for other such cases.\n- **(c) Time for decision.** The decision must be rendered **within 60 days** after the matter is **finally submitted**, or within **60 days after a rule 4404 motion**, whichever is **later** — **unless the parties agree to extend**. ★\n\n---\n\n**★ Exam hits:**\n- Referee **to report** = recommends only (can subpoena, administer oaths, order disclosure); referee **to determine (§ 4317)** = actually decides. Know the difference.\n- Court decides all **non-jury** issues (rule 4211) unless referred to a determining referee.\n- **4212**: an **advisory jury** only advises; a **referee to report** needs an **exceptional condition** or a **matter of account**; the order must **specify the issues**; advisory juries follow **Article 41** procedure.\n- **4213(c)**: the court's decision is due within **60 days** of final submission (or of a rule 4404 motion, whichever is later), unless the parties agree to extend.\n- **4213(b)**: personal injury / property / wrongful death damage awards must be **itemized** by element.\n\n\n---\n*Verbatim statute:* [[CPLR - Article 42]]", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cplr/4213", "publisher": "Elyphived LLC"}