1. The Laws of New York
  2. Court Acts
  3. Surrogate's Court Procedure
  4. Article 3: Proceedings, Pleadings and Process

Section 302 Pleadings 1

Surrogate's Court Procedure (SCP)


  1. Unless otherwise provided in this act

  (a) Pleadings shall consist of the petition, answer or objections and account.

  (b) There shall be no other pleading unless directed by the court.

  (c) An answer or objection shall be served upon the return of process or at such later date as directed by the court.

  2. Statements in a pleading shall be sufficiently particular to give the court and parties notice of the claim, objection or defense and shall contain a demand for the relief sought.

  3. Copies of all pleadings, except an account, shall be served upon any party who has appeared in the proceeding and demanded a copy of all papers be served upon him, and upon all parties upon whom the court by order or oral direction entered in the minutes directs that service be made. A party who fails to comply with this requirement may be treated as a party in default.