CIV-GP-42A – Notice of Settlement of Transcript

Jurisdiction: Country: USA | Province or State: New York

1. What is a CIV-GP-42A – Notice of Settlement of Transcript?

The CIV-GP-42A is a New York City Civil Court form. You use it to notify other parties that you will ask the court to “settle” a transcript. “Settle” means the judge will confirm the transcript is accurate. The judge will also resolve any disputes about what the record says.

This form is part of the appeals process in the Civil Court. Many Civil Court proceedings are recorded, not stenographed. You often must have the judge approve the transcript before you use it on appeal. The CIV-GP-42A gives notice of the date, time, and place for that approval.

Who typically uses this form?

The party that plans to appeal. That party is often called the “appellant.” In Civil Court, this is common after bench trials and hearings. Landlords, tenants, consumers, debt buyers, small businesses, and individuals all use it. Lawyers use it. Self-represented litigants use it too.

Why would you need this form?

Your appeal needs a clean record. The appellate court reads the transcript to review what happened. If the transcript is wrong, your argument can fail. If you do not settle the transcript when required, your appeal may stall. The court can reject an unsettled transcript when one is required. The CIV-GP-42A makes sure everyone has notice. It also gives the judge authority to settle the transcript on a set date.

Typical usage scenario

You had a bench trial in Housing Court. You plan to appeal the judgment. You order the audio transcript. You receive the transcript and spot errors. You pick a settlement date with the judge’s approval. You serve the CIV-GP-42A on all parties. You attach the transcript and your proposed corrections. You appear on the return date. The judge decides what the final transcript will say. The judge then settles the transcript. You include that settled transcript in your appeal.

The form belongs to the Civil Court of the City of New York. You use it only for Civil Court cases in the five boroughs. It is not for Supreme Court cases. It is not for other states. It deals with Civil Court proceedings, including the Housing Part, consumer cases, commercial disputes, and small claims transfers.

When Would You Use a CIV-GP-42A – Notice of Settlement of Transcript?

You use this form after you receive a transcript that needs court approval. That is most common when the proceeding was recorded, not stenographed. It is also used when there are disagreements about what was said. If the parties disagree, the judge must decide. The notice sets the process.

If you are a tenant appealing a nonpayment judgment, you likely use this form. If you are a landlord appealing a holdover decision, you likely use it as well. Small businesses use it after civil trials. Consumers use it after default inquests or motion hearings. Debt collectors and their counsel use it too. Any party appealing in the Civil Court may need it.

Picture a few scenarios. You had a one-day trial in Queens Civil. You believe the transcript swapped two witnesses’ statements. You ask the judge to settle the transcript. You file and serve this notice. On the return date, the judge listens to the audio if needed. The judge corrects the pages in dispute. The settled transcript becomes the official record.

Or imagine a Housing Part hearing in Bronx Civil Court on an order to show cause. The judge held a long hearing on repairs. You appeal the repair order. You order the transcript. The recording has unclear portions. You propose clarifying edits based on the audio and your notes. You serve the notice. The judge rules on each proposed change.

You also use this form when a rule requires settlement before you can perfect the appeal. In many Civil Court cases, the court will not accept an uncertified or unsettled transcript. If there is no stenographer’s certification, the judge’s settlement acts as the certification step. The notice gets you on the judge’s calendar to complete that step.

You can use the form even if you think the transcript is accurate. The judge still may need to approve it. If the other side wants changes, the settlement hearing is where they raise them. If no one objects, the judge can settle it as submitted. The notice ensures fairness. Everyone has a chance to appear and be heard.

Legal Characteristics of the CIV-GP-42A – Notice of Settlement of Transcript

This notice is a procedural filing. It is not a contract. It does not create new legal rights by itself. It triggers a court process that affects your appeal. It calls the matter before the judge who heard your trial or hearing. That judge has the authority to approve the transcript for the record on appeal.

The notice is legally significant because court rules require notice. The other parties have a right to review your proposed transcript. They can object to specific lines or pages. They can propose their own changes. The court wants the official record to reflect what occurred. The notice gives due process, so the record is reliable.

Enforceability comes from the court’s power to manage its record. The judge can accept or reject changes. The judge can listen to court recordings. The judge can make findings on disputed portions. After settlement, the transcript is the official record. The appellate court expects you to use that settled version. If you submit a different version, the appellate court can reject it.

There are legal considerations to keep in mind. First, timing matters. Appeals have strict deadlines. The transcript settlement fits into that schedule. Delay can risk your appeal. Second, service matters. You must serve all parties who appeared in the case. You must give enough notice time based on your service method. Third, accuracy matters. You should propose only corrections supported by the audio or reliable notes. Stretching the record can harm your credibility.

The notice does not reopen your case. It does not allow new evidence. It only resolves what the transcript says. It does not change the judge’s decision. It does not replace other appeal steps. You still must file a notice of appeal. You still must assemble the record or appendix. The settled transcript is one piece of that record.

If the other side ignores your notice, the judge can still settle the transcript. If no one appears to oppose your proposed changes, the judge can adopt them. If someone appears and disputes you, the judge decides. The court’s order or endorsement resolves it. That decision controls the record that goes up on appeal.

 How to Fill Out a CIV-GP-42A – Notice of Settlement of Transcript

Follow these steps to complete, serve, and file the form. Read each step before you start. Keep copies of everything you send or file.

Step 1: Confirm you need a transcript settlement

• Identify how your proceeding was recorded. Check if a court reporter was present.
• If a reporter certified the transcript, a settlement may not be needed.
• If the proceeding was audio recorded, a settlement is usually required.
• If you dispute accuracy, settlement is the proper vehicle.

Step 2: Obtain and review the transcript

• Order the transcript from the approved vendor or the clerk.
• Review every page and line for accuracy and completeness.
• Note unclear portions and missing exhibit references.
• Prepare a list of proposed corrections with page and line numbers.

Your proposed corrections should be specific. For example: “Page 23, line 12: ‘tenant’ should read ‘superintendent’.” Avoid general complaints. Tie each change to the audio or your notes.

Step 3: Contact the judge’s office to select a settlement date

• Call or visit the part that heard your case.
• Ask for a date and time to settle the transcript.
• Confirm the courtroom and judge’s name.
• Ask how much advance notice is required.

Aim to give at least one week for hand delivery service. Aim to give at least two weeks for mail service. Build in extra time for holidays and weekends. You must choose a date that meets the notice period.

Step 4: Complete the caption

Fill in the top portion of the form:

• Court: Civil Court of the City of New York.
• County: Choose the county of your case (Bronx, Kings, New York, Queens, Richmond).
• Part: List the part and room number if known.
• Index or docket number: Use the case number from your filings.
• Case title: List the parties exactly as they appear in the case.
• Judge: Insert the judge’s name who presided at the proceeding.

Accuracy in the caption is essential. It links your notice to the right case file.

Step 5: Identify the proceeding to be settled

In the body of the form, specify:

• The date or dates of the trial or hearing.
• The type of proceeding (trial, hearing, inquest, or motion).
• Whether you seek the settlement of the full transcript or selected days.

If there were multiple hearing dates, list each date. If you need only a portion settled, say which pages or dates.

Step 6: State the settlement details

Provide the core notice:

• The settlement will take place before the named judge.
• List the courtroom address and room number.
• State the date and time you obtained from the part.

Use clear language. Example: “Please take notice that on [date] at [time], at [court address], before [Judge’s Name], I will present the transcript for settlement.”

Step 7: Identify your role and contact information

Insert your role and your contact details:

• State whether you are an appellant, respondent, petitioner, or defendant.
• List your name, address, phone, and email.
• If you have counsel, list counsel’s firm, attorney name, and contact details.

Use the same appearance information used in the case. This helps the clerk and the other side reach you.

Step 8: Attach the transcript and proposed corrections

Annex supporting documents:

• Attach a copy of the transcript you seek to settle.
• Attach your proposed corrections on a separate schedule.
• Label the schedule “Proposed Amendments to Transcript.”

Format your amendment schedule like this:

• Identify each change by page and line.
• Quote the current text.
• Provide the proposed correction.
• Briefly note support (for example, “per audio at 1:12:45”).

Do not rewrite testimony. Limit changes to accuracy fixes. If a word is unclear, propose “[inaudible]” with context.

Step 9: Prepare the proof of service

The form often includes an affidavit of service page. If not, attach a separate affidavit.

• Decide how you will serve (personal delivery or mail).
• List each party or attorney to be served with full addresses.
• The server must be at least 18 and not a party.
• The server completes the affidavit after service, under oath.

If your case uses e-filing, follow those service rules. You may still need to serve non-participating parties by mail.

Step 10: Sign and date the notice

• Sign the notice above your printed name.
• Date the notice.
• If you are an attorney, include your bar information if the form requests it.

Your signature certifies that you intend to proceed on the stated date. It also confirms that you provided the required notice.

Step 11: Serve all parties

• Serve every party that appeared in the case.
• Use the method you selected in Step 9.
• Give enough advance time based on the service method.
• Include copies of the notice, transcript, and amendment schedule.

Keep a copy of all documents served. Ask your server to complete the affidavit of service promptly.

Step 12: File the notice and proof of service

• File the original notice with the Civil Court clerk in the case county.
• Attach the affidavit of service.
• Include a copy of the transcript and amendments if required by the clerk.
• Provide a courtesy copy to the judge’s office if requested.

Ask the clerk to stamp your copy “filed.” Keep that copy for your records. Bring it to the settlement hearing.

Step 13: Prepare for the settlement appearance

• Bring the transcript, your amendments, and the audio time stamps if available.
• Bring any notes that support your corrections.
• Tab the transcript to each disputed page.
• Prepare to explain each change briefly and clearly.

Do not argue the merits of the case. Focus on what the record says. The judge wants accuracy, not advocacy.

Step 14: Attend the settlement and follow the judge’s directions

• Arrive early and check in with the part clerk.
• Hand up a courtesy set for the judge if allowed.
• Address each proposed change when called.
• Be concise and respectful.

The judge may listen to the court audio. The judge may adopt, reject, or modify changes. The judge may ask you to submit a clean, corrected transcript after the rulings.

Step 15: Obtain the settled transcript and order

• After the judge rules, confirm the next steps with the party.
• If directed, prepare a conformed transcript showing all approved changes.
• Submit it for the judge’s signature or endorsement as settled.
• Get a copy of the order or endorsement settling the transcript.

This settled transcript becomes the official record of the proceeding. Use it in your appellate filings.

Practical tips and common pitfalls

• Schedule before your appeal deadlines tighten. Do not wait until the last week.
• Confirm the judge’s availability before serving the notice.
• Serve everyone, including intervenors and substituted counsel.
• Use precise page and line references for each proposed change.
• Avoid vague claims like “the transcript is wrong throughout.”
• Do not include new testimony. You cannot add to the record.
• Bring extra copies for the court and the other side.

Example: Housing nonpayment appeal

You are a tenant who lost a non-payment case after a one-day trial. You filed a notice of appeal. You ordered the transcript. You see that the transcript lists your expert as “interpreter.” You prepare an amendment schedule with page and line fixes. You call the Housing Part and get a settlement date two weeks out. You complete the CIV-GP-42A with the judge’s name and the room. You serve the notice, transcript, and schedule by mail on the landlord’s attorney. You file the notice with your proof of service. On the return date, you show the judge the errors. The judge reviews the court audio and approves your corrections. You receive an order settling the transcript. You include the settled transcript in your record on appeal.

Example: Consumer credit trial

You are a small business owner who lost a breach of contract trial. You plan to appeal. The transcript omits multiple exhibit references. You propose inserts like “Plaintiff’s Exhibit 3 received.” You schedule the settlement, serve the notice, and appear. The judge confirms each exhibit admission from the minutes and audio. The judge settles the transcript with those additions. You proceed to perfect your appeal with a complete record.

By following these steps, you meet the Civil Court’s requirements. You give fair notice. You present focused corrections. You help the judge create a reliable record. Your appeal then rests on what was actually said and done in court. That is the goal of the CIV-GP-42A.

Legal Terms You Might Encounter

Notice of Settlement. This is your formal notice to other parties. It tells them when and where the court will review and finalize the transcript’s wording. The form serves as that notice.

Settle the Transcript. “Settle” means the judge will approve the final wording of the transcript. You and the other side can suggest corrections first. The CIV-GP-42A triggers that review.

Transcript. This is the written record of what was said in court. The settlement process focuses on accuracy. Your notice identifies which proceeding’s transcript is at issue.

Proposed Corrections (Errata). These are changes you want to the transcript. You list page and line numbers with your suggested text. The notice gives others a chance to respond.

Objections. The other side can disagree with your corrections. They can submit their own corrections, too. The judge settles any disagreements after the notice period.

Return Date (Settlement Date). This is the date the judge will review and finalize the transcript. You put this date on the form. It must allow time for service and responses.

Service. Service means delivering the notice to all parties. You must use a permitted method and keep proof. The form includes details on when and how you served it.

Affidavit of Service. This is a sworn statement that proves service. It lists who served, whom they served, the method, and the date. Courts rely on it to confirm notice.

Caption and Docket Number. The caption lists the parties and the case title. The docket or index number identifies your case. Your form must match the case caption and number exactly.

Part/Room and Judge. “Part” is the assigned courtroom or calendar. You must list the correct part, room, and judge for the settlement review. This directs parties where to appear or submit papers.

FAQs

Do you need the entire transcript before you file this notice?

Yes. You should have the full transcript of the proceeding you plan to settle. You cannot propose accurate corrections without it. Order the transcript and review it thoroughly before you serve the notice.

Do you file the notice or just serve it?

You do both. You serve all parties, and you file the notice with the court. Include your proof of service with your filing. Check local clerk instructions for any copy or timing requirements.

Do you have to appear in person on the return date?

It depends on the judge’s preference. Some judges decide on written submissions only. Others require a brief appearance. Your notice should reflect the part and room if an appearance is expected. If unsure, call the part clerk well in advance.

Do you attach your proposed corrections to the notice?

You usually do. Attach a list with page and line references and the corrected text. Keep it concise and specific. Also, bring a clean copy to the settlement date.

Do you still serve a notice if everyone agrees on corrections?

Yes. Even if you have a stipulation on corrections, you should still serve and file the notice. The judge must approve and settle the transcript. A stipulation can speed the process, but does not replace it.

Do you restart appeal deadlines when the transcript is settled?

Settlement can affect certain downstream steps in an appeal record. It does not automatically reset every deadline. Track your appeal schedule carefully. Confirm timing rules before you rely on any assumed extensions.

Do you need a court reporter’s declaration to fix errors?

Not usually. Your proposed corrections should be clear and supported by context. If an audio check or reporter comment is relevant, raise it in your submission. The judge decides based on submissions and the record.

Do you serve the notice on non-parties?

Serve every party that appeared in the case. If a party has counsel, serve counsel. Do not serve non-parties unless the court directs it. If a party is self-represented, serve that party directly as allowed.

Checklist: Before, During, and After the CIV-GP-42A – Notice of Settlement of Transcript

Before you sign

• Get the complete transcript for the proceeding at issue.
• Read the transcript line by line. Mark errors with page and line numbers.
• Prepare a corrections sheet. Use a simple page/line format.
• Confirm the correct case caption and docket or index number.
• Confirm the judge’s name, the part, and the room number.
• Choose a realistic return date. Allow time for service and responses.
• Verify addresses for all counsel and self-represented parties.
• Decide on your method of service and the server’s availability.
• Prepare an affidavit of service template for your server.
• Check any local requirements for filing and copies.
• Print clean copies of the notice and attachments.

During signing and final review

• Confirm the caption matches the court’s docket exactly.
• Check the docket or index number for accuracy.
• Verify the judge, part, and room details.
• Enter the correct date and time for the settlement review.
• Attach your corrections sheet. Label it clearly.
• Add your contact information and signature.
• If required, include your attorney registration number.
• Review the service section. Leave space for the affidavit details.
• Make sure every page is legible and complete.
• Create a set for each party and one for the court.

After signing

• Arrange service for all parties using a permitted method.
• Have your server complete and sign the affidavit of service.
• File the notice with the court promptly, with proof of service.
• Calendar the return date and any submission deadlines.
• Send a courtesy copy to the party if required by practice.
• Keep a full copy of everything you served and filed.
• Follow up with the part clerk on any appearance expectations.
• Prepare for the return date. Bring the transcript and your corrections.
• Plan who will argue corrections if needed. Bring highlighted excerpts.
• Update your internal deadlines for appeal or post-judgment steps.

Common Mistakes to Avoid CIV-GP-42A – Notice of Settlement of Transcript

• Don’t forget to serve every party. Missing even one party can derail the process. The court may adjourn or reject your submission. You may lose time and miss downstream deadlines.
• Don’t use the wrong case caption or docket number. A mismatch can cause a filing rejection. It also confuses parties about which proceeding you want to settle. Double-check the top of the notice.
• Don’t set an unrealistic return date. Too little time for service invites objections or adjournments. Too much delay risks scheduling conflicts. Pick a date that balances fairness and speed.
• Don’t submit vague corrections. “Typo” or “misquote” is not enough. Cite page and line. Write the exact corrected language. The judge needs precise edits to rule quickly.
• Don’t skip the affidavit of service. Without proof, the court may find service incomplete. That can lead to delays or rescheduling. Have the server sign and notarize if needed.
• Don’t assume you can fix everything on the record date. If you wait, you may lose leverage. Serve your corrections with the notice. Give the court and parties time to review.

What to Do After Filling Out the Form CIV-GP-42A – Notice of Settlement of Transcript

1. Serve the notice and attachments. Use a permitted method. Serve counsel of record or self-represented parties directly. Track delivery dates for each party.
2. Complete the affidavit of service. The server must list names, addresses, method, date, and time. Attach one affidavit per method or recipient if needed.
3. File the notice with the court. Include the affidavits of service and your corrections sheet. File in the proper part or clerk’s office. Keep stamped copies.
4. Exchange written responses. If you receive objections or counter-corrections, review them quickly. Prepare a short reply if appropriate. Keep everything organized by page and line.
5. Prepare for the return date. Bring the transcript, your corrections, the other side’s submissions, and a clean working copy. Tab pages with disputed lines. Outline your strongest points.
6. Attend or submit as directed. If an appearance is required, be on time and concise. If written-only, confirm that your submissions are complete and timely. Ask the clerk about courtesy copies if needed.
7. Obtain the settled transcript direction. After the judge settles the wording, confirm how the final text will be produced. Ask whether the reporter will issue a corrected transcript or errata pages.
8. Order the corrected transcript. Request a clean, certified copy that reflects the court’s rulings. Verify the changes match the settled record. Keep a digital and paper copy.
9. Update your record. Use the settled transcript in any appeal record or post-judgment motion. Replace prior drafts with the final version. Note the date of settlement in your file.
10. Address any remaining disputes. If a correction was denied, assess the impact on next steps. Decide whether to seek reconsideration or proceed. Track all related deadlines carefully.