§ 2101. Form of papers.

493 words·~2 min read·/ny/civil-practice-law-rules/papers/2101

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Rule 2101. Form of papers.

(a)Quality, size and legibility. Each

paper served or filed shall be durable, white and, except for summonses,

subpoenas, notices of appearance, notes of issue, orders of protection,

temporary orders of protection and exhibits, shall be eleven by eight

and one-half inches in size. The writing shall be legible and in black

ink. Beneath each signature shall be printed the name signed. The

letters in the summons shall be in clear type of no less than

twelve-point in size. Each other printed or typed paper served or filed,

except an exhibit, shall be in clear type of no less than ten-point in

size.

(b)Language. Each paper served or filed shall be in the English

language which, where practicable, shall be of ordinary usage. Where an

affidavit or exhibit annexed to a paper served or filed is in a foreign

language, it shall be accompanied by an English translation and an

affidavit by the translator stating his qualifications and that the

translation is accurate.

(c)Caption. Each paper served or filed shall begin with a caption

setting forth the name of the court, the venue, the title of the action,

the nature of the paper and the index number of the action if one has

been assigned. In a summons, a complaint or a judgment the title shall

include the names of all parties, but in all other papers it shall be

sufficient to state the name of the first named party on each side with

an appropriate indication of any omissions.

(d)Indorsement by attorney. Each paper served or filed shall be

indorsed with the name, address and telephone number of the attorney for

the party serving or filing the paper, or if the party does not appear

by attorney, with the name, address and telephone number of the party.

(e)Copies. Except where otherwise specifically prescribed, copies,

rather than originals, of all papers, including orders, affidavits and

exhibits may be served or filed. Where it is required that the original

be served or filed and the original is lost or withheld, the court may

authorize a copy to be served or filed.

(f)Defects in form; waiver. A defect in the form of a paper, if a

substantial right of a party is not prejudiced, shall be disregarded by

the court, and leave to correct shall be freely given. The party on whom

a paper is served shall be deemed to have waived objection to any defect

in form unless, within fifteen days after the receipt thereof, the party

on whom the paper is served returns the paper to the party serving it

with a statement of particular objections.

(g)Service by electronic means. Each paper served or filed by

electronic means, as defined in subdivision

(f)of rule twenty-one

hundred three, shall be capable of being reproduced by the receiver so

as to comply with the provisions of subdivisions

(a)through

(d)of this

rule.