Senate Bill S10076

                                 
BILL NUMBER: S10076

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to author-
izing a discontinuance without an order in actions where an unrepre-
sented party has not responded to a request for a stipulation

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would allow a party asserting a claim to discontinue an action
without procedural delays when the discontinuance would benefit an
unrepresented party and that party has not responded to a request to
stipulate to a discontinuance in a reasonable period of time.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new paragraph 4 to subdivision (a) of section 3217 of
the Civil Practice Law and Rules authorizing a discontinuance without an
order by a party filing a stipulation signed by all parties except for
an unrepresented party if the filing party affirms that 60 days have
              

passed since the stipulation was sent to such unrepresented party with-
out a response.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

Sometimes a plaintiff decides not to pursue a lawsuit, whether due to
costs, hardship demonstrated by the defendant, a reassessment of the
strength of their claim, or the availability of alternative resolutions
outside of court. In these situations, the plaintiff will often attempt
to resolve the matter amicably by sending a stipulation of discontin-
uance to the pro se defendant, asking them to agree to dismiss the case
and clear it from the court docket. Once dismissed, these cases cannot
be refiled.

However, for many pro se defendants, who are everyday people navigating
the legal system without an attorney, receiving a litigation document
can feel intimidating. They may not understand the document, worry it's
a trap, or avoid opening it altogether because of its adversarial
nature.

As a result, cases that both parties want to end remain stuck on the
court's docket. Currently, the only options are for the plaintiff to
file a costly and time-consuming motion to the court or wait for the
court to dismiss the case on its own for lack of prosecution. Both proc-
esses waste judicial resources and keep a pro se defendant unnecessarily
tethered to a case for a longer period.

This bill introduces a straightforward solution by allowing a plaintiff
to dismiss their action without requiring a pro se defendant's signature
on a stipulation in cases where the dismissal can only benefit the
unrepresented party. This change is a win-win.  Pro se defendants, often
the most vulnerable participants in the system, benefit directly: the
dismissal means the case is over, which will give them peace of mind and
free them from the stress and uncertainty of unresolved litigation. At
the same time, this reform supports judicial efficiency, reducing the
number of active cases clogging the docket and saving everyone-courts,
plaintiffs, and defendants-time, money, and hassle.

By making it easier to close cases that no one wants to pursue, this
bill removes unnecessary barriers for pro se defendants and helps the
justice system preserve resources. It's a practical, fair, and much
needed step forward.

 
PRIOR HISTORY:

2026: New Bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the 60th day after it shall have become a
law.