New York State Court Clerk Practice Exam 2026 – The All-in-One Guide to Master Your Court Clerk Certification!

In the context of commencing a claim in New York, the act of filing a summons and complaint or a summons and notice is a crucial step in the litigation process. This action officially initiates a legal proceeding, giving the court jurisdiction over the case and notifying the defendant of the claims being brought against them.

When the summons and complaint or summons and notice are filed, it not only marks the beginning of the lawsuit but also sets the timeline for the defendant's response and the subsequent legal processes. This initiation through filing is essential, as it ensures that the defendant is formally informed and can prepare to respond to the claims. This process is governed by the New York Civil Practice Law and Rules (CPLR), which outlines the requirements and implications of filing these documents.

Other circumstances mentioned, such as the submission of witness statements, receipt of written notice by the defendant, or completion of discovery, do not constitute the commencement of a claim. Instead, they occur at different stages of the legal process. Witness statements are typically gathered during the discovery phase, while written notice and discovery completion relate to responses and pre-trial procedures rather than the initiation of a claim. Thus, the correct understanding of when a claim is commenced by filing is clearly represented by the requirement to