Simplified Procedure

• Author: Michael H. Barr/Burton N. Lipshie/Sharon Stern Gerstman
• Pages: 497-506

Chapter 41

simPlified Procedure

QUICK VIEW

Definition and Features: The simplified procedure, invoked by one or more parties—on the consent of all—is

a means to accelerate court resolution of a dispute. The parties submit facts, claims and defenses to the court,

which promptly adjudicates the matter. In contrast to arbitration, the dispute is heard by a sitting judge, the rules

of substantive law apply, there is a greater scope of appeal, and costs may well be limited to the court filing fee.

Statutes and Rules: CPLR 3031 through 3037; Civil Court Act §910, Uniform City Court Act §910, Uniform

Justice Court Act §910, Uniform District Court Act §910.

Related Topics: Settlement and Alternative Dispute Reesolution (ADR), Ch 40; Motion Practice, Ch 16.

TABLE OF CONTENTS

I. Basic Points

§41:01 Authority and Nature

§41:02 Any Type of Case

§41:03 Advantages

§41:04 Disadvantages

§41:05 Not Often Used

§41:06 No Right to Jury Trial

§41:07 Judge Determines Dispute

§41:08 Substantive Law Governs

§41:09 Appeal from Final Judgment

§41:10 Intermediate Appeal

§41:11 Compare: Arbitration

§41:12 Compare: Action on Submitted Facts

§41:13 Whether to Invoke Procedure

II. Invoking the Procedure

A. Basic Points

§41:20 Parties Must Agree

§41:21 Stay of Other Action

§41:22 Proper Court

§41:23 Venue

§41:24 By Statement or Motion