senate Bill S3676

2011-2012 Legislative Session

Requires stipulations of settlement to only state that the parties agreed to settle, not need to state the terms of the settlement

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 30, 2012 referred to codes
delivered to assembly
passed senate
May 07, 2012 advanced to third reading
May 02, 2012 2nd report cal.
May 01, 2012 1st report cal.641
Jan 04, 2012 referred to codes
Mar 02, 2011 referred to codes

Votes

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S3676 - Bill Details

Current Committee:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R2104, CPLR

S3676 - Bill Texts

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Requires stipulations of settlement to only state that the parties agreed to settle; there shall be no requirement to state the terms of the settlement.

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BILL NUMBER:S3676

TITLE OF BILL:
An act
to amend the civil practice law and rules, in relation to stipulation of
settlement

PURPOSE:
To make a technical correction to provisions of Chapter 62
of the Laws of 2003, in relation to Rule 2104 of the Civil Practice
Law and Rules, in order to maintain the privacy of terms between two
settling parties.

JUSTIFICATION:
Section 28 was added to the 2003 budget in an effort
to increase revenue for the judiciary. The filing of a stipulation of
settlement, however, has the potential for the unintended consequence
of making settlement agreements public. Often parties in the middle
of litigation come to an agreement prior to trial in order to avoid
making public a verdict or court opinion. The fact that the terms of
a settlement may not be divulged in a court document is often an
impetus for settlement. To require patties to file a stipulation
agreement, setting forth the terms of the stipulation, frustrates a
fundamental purpose of settling, which is to maintain the
confidentiality of the terms themselves. While maintaining the fee,
this bill clarifies Rule 2104 by requiring only a notification be
given to the clerk that a settlement has been reached; Patties shall
not be required to submit the terms of the settlement.

LEGISLATIVE HISTORY:
2007/2008 - S.4944; 2005/2006 - S.750; 2003/2004 - S.7061

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This bill shall take effect immediately.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3676

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 2, 2011
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the civil practice law and rules, in relation to  stipu-
  lation of settlement

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Rule 2104 of the civil practice law and rules,  as  amended
by section 28 of part J of chapter 62 of the laws of 2003, is amended to
read as follows:
  Rule  2104. Stipulations. An agreement between parties or their attor-
neys relating to any matter in an action, other than  one  made  between
counsel  in  open  court,  is not binding upon a party unless it is in a
writing subscribed by him OR HER, or his OR HER attorney or  reduced  to
the  form  of  an  order  and  entered.  With respect to stipulations of
settlement [and notwithstanding the form of the stipulation  of  settle-
ment,  the  terms  of such stipulation shall be filed by], the defendant
SHALL FILE THE STIPULATIONS OF SETTLEMENT with the county  clerk.    THE
STIPULATIONS  OF  SETTLEMENT  SHALL  ONLY  BE  REQUIRED  TO  PROVIDE THE
PARTIES' AGREEMENT TO SETTLE. THE  PARTIES  SHALL  NOT  BE  REQUIRED  TO
SUBMIT THE TERMS OF SETTLEMENT.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09771-01-1

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