NY CPLR Rule 2101: Form of papers

CPLR Rule 2101 sets out basic form requirements for papers served or filed in New York litigation. For estate, trust, matrimonial, and commercial matters involving foreign-language documents, subdivision (b) is often a key provision: if an affidavit or exhibit annexed to a paper is in a foreign language, it must be accompanied by an English translation and a translator’s affidavit stating the translator’s qualifications and that the translation is accurate.

Full Statutory Text

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.

Notes

Subdivision (b) is not limited to documents that are entirely in a foreign language. If an affidavit or exhibit includes foreign-language text, the safer practice is to provide a formal English translation together with the translator’s affidavit required by the statute. That point matters when a party relies on a bilingual agreement, foreign deed, foreign probate record, foreign birth or marriage certificate, or other exhibit containing non-English text. The existence of English text in the document may not, by itself, satisfy CPLR 2101(b). The statute requires both an English translation and an affidavit from the translator addressing qualifications and accuracy. See 🔑 New York Rule for Translated Documents: A Bilingual Agreement Still Needs a Proper Translation Affidavit.