SCPA § 302

Pleadings 1 · as in force on May 31, 2026

§ 302. Pleadings

1. Unless otherwise provided in this act

(a) Pleadings shall consist of the petition, answer or objections and account.

(b) There shall be no other pleading unless directed by the court.

2. Statements in a pleading shall be sufficiently particular to give the court and parties notice of the claim, objection or defense and shall contain a demand for the relief sought.

3. Copies of all pleadings, except an account, shall be served upon any party who has appeared in the proceeding and demanded a copy of all papers be served upon him, and upon all parties upon whom the court by order or oral direction entered in the minutes directs that service be made. A party who fails to comply with this requirement may be treated as a party in default.

Official sourcehttps://www.nysenate.gov/legislation/laws/SCP/302

In plain English

The statute limits pleadings and requires enough detail and service to give fair notice. Subdivision (1) applies unless the act provides otherwise.

(1)(a) Pleadings are the petition, answer or objections, and account.
(1)(b) No other pleading is allowed unless the court directs it.
(1)(c) An answer or objection must be served upon the return of process, or at a later date the court directs. ★
(2) Each pleading must state the claim, objection, or defense particularly enough to give notice and demand the requested relief.
(3) Copies of every pleading except an account must be served on appearing parties who demanded papers and anyone the court directs; noncompliance may cause the party to be treated as in default. ★

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.

In print

This provision appears in Volume 1 — The Surrogate's Court in Plain English; Volume 2 — The Surrogate's Court Procedure Act; Volume 5 — Your Career: Surrogate's Court in Plain English.