Starting a case · For the plaintiff

Filing a Civil Case in Kings County: Step by Step

New York is a commencement-by-filing state. Your case begins the moment you file the summons and complaint and pay for an index number — not when the defendant learns about it. That single fact drives everything that follows, including your service deadline and your exposure to a statute of limitations defense.

Draft the commencement papers

You file a summons together with either a complaint or a notice describing the nature of the claim and the relief sought. The complaint should state the parties, the basis for venue in Kings County, the facts in numbered paragraphs, and each cause of action separately with the elements pleaded. Attach the contract, invoices, or notices your claim depends on. Vague pleading is the leading cause of early dismissal motions.

Buy the index number and file

The clerk assigns an index number when the fee is paid. Most Supreme Court matters are filed electronically through NYSCEF; Civil Court practice varies by case type. Keep the stamped copies — every later paper in the case carries that index number, and a mismatched or missing number will get filings rejected.

Calendar the service deadline immediately

Filing starts a clock. If service is not completed and proof of service filed within the statutory window, the case can be dismissed, and by then the limitations period may have run. The day you file, calendar the service deadline, the deadline to file proof of service, and the date the defendant's time to answer will expire.

Think about the defendant's likely answer

Before you file, read your own complaint as the defendant's lawyer would. Which element is thinnest? Which document undermines you? Is there an arbitration clause, a forum-selection clause, or a notice-and-cure provision you skipped? Anticipating the motion to dismiss while drafting is far cheaper than opposing one.

Common questions

When is my lawsuit officially started?
On the day the summons and complaint are filed and the index number is purchased, not on the day the defendant is served.
Do I have to file electronically?
Many Supreme Court case types are subject to mandatory e-filing through NYSCEF; other courts and case types differ. Check the rules for your specific case type before filing.
Can I add claims later?
Often yes, by amendment, but timing rules apply and late amendments can be opposed. It is cheaper to plead thoroughly at the outset.

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This guide is general information about court procedure in Kings County, New York. It is not legal advice and does not create an attorney-client relationship. Court rules, fees and deadlines change — confirm current requirements with the court or an attorney before acting. Dispute Counsel PLLC serves New York residents, businesses and New York local representation.