Legislation
SECTION 3017
Demand for relief
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 30
§ 3017. Demand for relief. (a) Generally. Except as otherwise provided
in subdivision (c) of this section, every complaint, counterclaim,
cross-claim, interpleader complaint, and third-party complaint shall
contain a demand for the relief to which the pleader deems himself
entitled. Relief in the alternative or of several different types may be
demanded. Except as provided in section 3215, the court may grant any
type of relief within its jurisdiction appropriate to the proof whether
or not demanded, imposing such terms as may be just.
(b) Declaratory judgment. In an action for a declaratory judgment, the
demand for relief in the complaint shall specify the rights and other
legal relations on which a declaration is requested and state whether
further or consequential relief is or could be claimed and the nature
and extent of any such relief which is claimed.
(c) Personal injury or wrongful death actions. In an action to recover
damages for personal injuries or wrongful death, the complaint,
counterclaim, cross-claim, interpleader complaint, and third-party
complaint shall contain a prayer for general relief but shall not state
the amount of damages to which the pleader deems himself entitled. If
the action is brought in the supreme court, the pleading shall also
state whether or not the amount of damages sought exceeds the
jurisdictional limits of all lower courts which would otherwise have
jurisdiction. Provided, however, that a party against whom an action to
recover damages for personal injuries or wrongful death is brought, may
at any time request a supplemental demand setting forth the total
damages to which the pleader deems himself entitled. A supplemental
demand shall be provided by the party bringing the action within fifteen
days of the request. In the event the supplemental demand is not served
within fifteen days, the court, on motion, may order that it be served.
A supplemental demand served pursuant to this subdivision shall be
treated in all respects as a demand made pursuant to subdivision (a) of
this section.
in subdivision (c) of this section, every complaint, counterclaim,
cross-claim, interpleader complaint, and third-party complaint shall
contain a demand for the relief to which the pleader deems himself
entitled. Relief in the alternative or of several different types may be
demanded. Except as provided in section 3215, the court may grant any
type of relief within its jurisdiction appropriate to the proof whether
or not demanded, imposing such terms as may be just.
(b) Declaratory judgment. In an action for a declaratory judgment, the
demand for relief in the complaint shall specify the rights and other
legal relations on which a declaration is requested and state whether
further or consequential relief is or could be claimed and the nature
and extent of any such relief which is claimed.
(c) Personal injury or wrongful death actions. In an action to recover
damages for personal injuries or wrongful death, the complaint,
counterclaim, cross-claim, interpleader complaint, and third-party
complaint shall contain a prayer for general relief but shall not state
the amount of damages to which the pleader deems himself entitled. If
the action is brought in the supreme court, the pleading shall also
state whether or not the amount of damages sought exceeds the
jurisdictional limits of all lower courts which would otherwise have
jurisdiction. Provided, however, that a party against whom an action to
recover damages for personal injuries or wrongful death is brought, may
at any time request a supplemental demand setting forth the total
damages to which the pleader deems himself entitled. A supplemental
demand shall be provided by the party bringing the action within fifteen
days of the request. In the event the supplemental demand is not served
within fifteen days, the court, on motion, may order that it be served.
A supplemental demand served pursuant to this subdivision shall be
treated in all respects as a demand made pursuant to subdivision (a) of
this section.