Transfer of actions from other courts · as in force on May 31, 2026
(a) An application under SCPA 501 for the consent of the court to the transfer to the Surrogate's Court of an action pending in the Supreme Court, or for the transfer by the Surrogate's Court to itself of any action pending in any other court, or for the consolidation of such action with a proceeding pending in the Surrogate's Court, shall show whether there is pending a proceeding in the Surrogate's Court and the nature of the proceeding, and shall be supported by an affidavit which shall state:
(1) the court in which such action is then pending;
(2) the parties to the action;
(3) the nature of the action;
(4) whether the action is on the trial calendar;
(5) an estimate of the time when the action will be reached for trial in the court in which the same is pending, with the facts upon which such estimate is based;
(6) the reasons why a transfer of the action to this court is desirable; and
(7) whether a jury trial has been demanded or whether the same has been waived.
(b) There must be annexed to the moving papers a copy of the pleadings in the action sought to be transferred. Upon compliance with the foregoing requirements, an order will be issued by the court directing the adverse parties to show cause why the application should not be granted.
This rule covers applications under SCPA 501 to bring an action from another court into the Surrogate's Court.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 1 — The Surrogate's Court in Plain English; Volume 3 — The Surrogate's Court: Court Rules & the EPTL; Volume 5 — Your Career: Surrogate's Court in Plain English.