JURISDICTION: NEW YORK

This template applies to New York State courts (Supreme, Family, Appellate Division) governed by CPLR, DRL, FCA, and 22 NYCRR.

NOTICE OF NON-COMPLIANCE — COURT CLERK

[NY][CPLR] Demand for Proper Record Entry and Access

⚠️ Before Using This Template

When to Use Notice to Court Clerk

USE this template when:

Clerk failed to enter filed documents in docket or NYSCEF
Docket entries are incorrect (wrong dates, parties, document types)
Clerk denied access to public court records without legal basis
Orders were issued but not entered in the record
Clerk's errors may affect your case or appellate rights

DO NOT use this if:

Error was just discovered and you haven't informally requested correction
Documents are sealed or legitimately exempt from public access
Clerk explained legal basis for denial and it's valid
This is about clerk's personality or customer service (not legal compliance)
Issue is with judge's decision (not clerk's ministerial duties)

Appropriate example: Filed motion 3 weeks ago via NYSCEF; not entered in docket; clerk has not responded to 3 emails requesting correction.

Inappropriate example: Clerk was rude when you called (that's not non-compliance with legal duties).

Try These Steps First

Before sending this notice:

Check NYSCEF/docket to confirm error exists
Email clerk's office politely requesting correction with case details
Call clerk's office if no email response within 5 business days
Visit courthouse in person to request correction (if feasible)
Speak to supervising clerk if line clerk doesn't respond
Document the issue with screenshots, docket printouts, filing receipts

Document everything: Save emails, note phone calls, keep filing confirmations.

Resource Requirements & Realistic Expectations

⚠️ Important Considerations:

Timeline: Correction may take 1-2 weeks after notice; could be immediate
Success rate: High for clear ministerial errors; lower for access denials with legal basis
Clerk authority: Clerks have ministerial duties but judges control many record decisions
What this achieves: Creates record; usually prompts correction; supports Article 78 if ignored
What this does NOT do: Force clerk action immediately; override judicial seal orders

Alternatives to consider:

Informal requests first: Usually fastest resolution (email/call/visit)
Speak to court attorney: For issues requiring judicial input
Motion to court: For substantive relief (e.g., motion to unseal records)
Article 78 proceeding: If clerk refuses ministerial duty with no legal basis
Appellate counsel: For advice on preserving record for appeal

Best practice: Use this only after informal methods fail; clerk errors are usually inadvertent and quickly corrected with polite request.

TO: {{Clerk Name / Office Title}}, County Clerk / Court Clerk FROM: {{Your Name}}, {{Pro Se / Counsel for Party}} DATE: {{Date}} CASE: {{Caption}} | Index No. {{Number}} COURT: {{Court Name and County}} SUBJECT: Demand for Compliance with Record-Keeping and Filing Duties

Legal Authority

You are bound by:

CPLR §5017(b): Clerk must enter orders and judgments in record
22 NYCRR §202.48: Motion procedures and record maintenance
22 NYCRR §202.5(b): Public access to court records (with statutory exceptions)
Judiciary Law §255: Duties of clerks

Identified Deficiencies

As of {{date}}, the following deficiencies exist in the record:

Missing entries: {{Document type}} filed on {{date}} not entered in docket or NYSCEF.
Incorrect entries: Docket entry {{ID}} misidentifies {{document/party/date}}.
Denied access: Request for {{document/transcript}} denied without statutory basis on {{date}}.
Order not entered: Oral decision from {{date}} not reduced to written order or entered in record.
{{Additional deficiencies as applicable}}

Demand

You are demanded to:

Correct the record by {{specific action: entering document, correcting docket entry, etc.}} within {{X}} business days.
Provide access to {{requested materials}} pursuant to CPLR and NYCRR public access rules.
Issue written explanation if access is denied, citing statutory authority and factual basis.

Legal Consequences

Failure to maintain accurate records or provide lawful access may:

Compromise appellate review (CPLR Article 55)
Violate public access rights (22 NYCRR §202.5)
Support mandamus relief (CPLR Article 78)

Preservation Notice

This notice preserves the record for:

Motion to compel compliance (CPLR Article 78)
Appellate claims of inadequate record
Administrative review of clerk procedures

Service

Served via {{hand delivery / certified mail / email to clerk's office}} on {{date}}.

Certification of Service

I certify that this Notice of Non-Compliance was served upon {{Clerk Name / Office}} via {{method}} on {{date}}.

Procedural Compliance Framework

Notice of Non-Compliance - Court Clerk