CIV-GP-92 – Stipulation to Adjourn

Jurisdiction: Country: United States | Province or State: New York

What is a CIV-GP-92 – Stipulation to Adjourn?

The CIV-GP-92 is a standardized, short-form document used in the Civil Court of the City of New York when all appearing parties agree to reschedule a court appearance to a later date. It memorializes the joint request, states the reason for the adjournment, specifies the next appearance date (or the method for setting it), and can add interim obligations to keep the case moving. Once so-ordered by a judge, it functions as a court order that updates the calendar and governs the period until the new date.

Who typically uses the form?

Parties and counsel in general civil matters pending in the New York City Civil Court. The docket can include consumer debt, breach of contract, commercial disputes, subrogation, personal injury, and property damage cases. Although the CIV-GP-92 is widely accepted, some parts use their own stipulation templates or require particular language. Follow the rules of the part that handles your case. If unsure, consult the part clerk before preparing or filing the stipulation.

When is the form appropriate?

When all appearing parties consent to adjourn. Common reasons include:

• Newly retained or substituted counsel needs time to review the file.
• Settlement talks would benefit from a modest delay.
• Illness, emergencies, or schedule conflicts (including overlapping trials).
• Awaiting subpoena returns, records, or third-party materials.
• Completing discovery tasks or setting a motion briefing schedule.
• Coordinating interpreters, witnesses, or insurance decisions.
• Travel or weather disruptions that make the current date impractical.

Beyond rescheduling, the stipulation can set short-term rules—document exchange deadlines, deposition dates, motion schedules—to ensure progress continues. These interim terms can be crucial for keeping the case efficient. Once so-ordered, the stipulation updates the official record and replaces the original appearance date, reducing the risk of default if everyone complies.

When is the form not appropriate?

If any appearing party does not consent. Unilateral changes are not permitted by stipulation. In that case, request an adjournment directly from the court via motion, letter (if the party allows), or an in-court application. Even if all sign, the judge can approve, modify, or reject the proposed terms. The court controls its calendar and may impose conditions such as “final” markings or revised dates.

The form is commonly used to:

• Reschedule a preliminary, compliance, settlement, or trial-ready conference.
• Establish a discovery timetable with defined, enforceable deadlines.
• Plan motion practice (serve-by dates, opposition/reply deadlines, and return or conference dates).
• Avoid defaults when a party cannot attend the existing date.
• Coordinate schedules in cases with multiple parties or counsel to minimize fragmented adjournments.

The value of the CIV-GP-92 lies in clarity. It packages a practical, joint proposal the court can approve with minimal disruption, keeping litigation on track while accommodating real-world needs.

When Would You Use a CIV-GP-92 – Stipulation to Adjourn?

Use a CIV-GP-92 when every appearing party (or their counsel) consents to move a scheduled appearance in a Civil Court general civil case. Consent is the core requirement; the stipulation confirms there is no dispute about rescheduling and that parties agree on any interim terms.

Illustrative scenarios:

• Recent retention or substitution of counsel: A party hires a new attorney just before a conference. Counsel needs time to review the file, meet the client, explore defenses, and assess settlement. The parties agree to a short adjournment to allow this groundwork.
• Ongoing settlement discussions: Negotiations are active and likely to progress with a short extension. A new date eliminates an unnecessary appearance while parties finalize terms or approvals.
• Records or third-party materials pending: Medical, employment, or insurance records, or subpoenaed documents, are expected soon. A delay ensures the next conference is productive.
• Conflicts or illness: Counsel has another trial or a medical conflict. The parties prefer a stipulated adjournment rather than an in-person application.
• Interpreter or witness coordination: Rescheduling allows for the availability of an interpreter or key witness, improving the usefulness of the next appearance.
• Discovery progress: A brief extension will permit document exchanges or depositions so that the next conference can address what remains and set a final schedule.

When is it not appropriate?

If any appearing party refuses to sign or cannot be reached, you cannot submit the stipulation as a one-sided request. Seek relief through the court under the parties’ rules. Some parts require personal appearances for trial dates or final hearings, and some allow adjournments only within narrow parameters. The court can deny a joint stipulation, shorten the proposed interval, or mark the new date “final,” signaling that further adjournments will be disfavored.

Nuances to weigh:

• Nature of the date: Routine conferences are more easily adjourned than trials or evidentiary hearings. For trial or peremptory dates, expect to provide a concrete reason and accept potential conditions (such as “final” markings or interim tasks).
• Case age and adjournment history: Courts track case age and prior adjournments. Early cases with few delays may get more flexibility than older cases with repeated adjournments. Be accurate about prior history.
• Scope of consent: In multi-party cases, confirm that all appearing parties consent. One defendant’s signature is usually not enough. Clarify whether defaulted or non-appearing parties are implicated and how any service will be handled.
• Interim obligations: Longer adjournments often require agreed steps to ensure momentum. A CIV-GP-92 is a reliable vehicle to lock in those steps and deadlines.
• Part-specific practices: Each part may have its own procedures for signatures, filing, and assigning dates. If “next available” is customary, use that phrase. If a part allows parties to select dates, choose within the part’s scheduling framework.

Bottom line: Use a CIV-GP-92 when there is genuine mutual consent to reschedule and a concrete reason for the delay. Do not treat it as a mechanism to sidestep the court’s control over its calendar.

Legal Characteristics of the CIV-GP-92 – Stipulation to Adjourn

A stipulation to adjourn is a written agreement that becomes enforceable as a court order once a judge so orders. Until that happens, the original date remains active. Never skip a scheduled appearance unless you have confirmed that the stipulation has been so-ordered and the new date is calendared.

Key characteristics

• Written, signed consent: All appearing parties or their attorneys must sign. Signatures demonstrate mutual assent. Counsel generally has authority to bind clients on scheduling matters; when in doubt about authority, confirm in writing.
• Clear, specific terms: Identify exactly what is adjourned, the proposed new date (or “next available”), and any interim obligations. Use exact calendar dates for deadlines where possible, and specify the part and time if known.
• Court approval required: The stipulation has no binding effect until the court so orders it. The judge may approve, modify, add conditions (e.g., “final” marking, “no further adjournments without leave”), or reject it.
• Limited scope: The stipulation adjusts scheduling and may include interim steps, but it does not adjudicate claims, defenses, or liability. If you want to preserve positions, use “without prejudice” or similar qualifiers appropriately and consistently.
• Consequences for breach: If a party violates interim terms, the other side may seek relief (sanctions, preclusion, accelerated discovery, or court directives). Failure to appear on the new date risks default as surely as missing the original date.
• Modifying a so-ordered stipulation: Changes typically require a new so-ordered stipulation signed by all appearing parties or a court order. Do not assume that informal emails or calls can override a signed, so-ordered document.
• Interplay with stays: The stipulation can include narrowly tailored stays, such as pausing discovery or enforcement pending motion practice. Define precisely what is stayed and for how long.
• “Final” or “peremptory” markings: The court may mark a next date “final,” signaling that further adjournments will require extraordinary cause. Respect such markings and prepare accordingly.

The enforceability of a CIV-GP-92 rests on three pillars: valid signatures, unambiguous terms, and judicial approval. Keep all three at the front of your mind.

How to Fill Out a CIV-GP-92 – Stipulation to Adjourn

1) Identify the court and part

• Write: Civil Court of the City of New York.
• Select the county (Bronx, Kings, New York, Queens, or Richmond).
• Add the part and room (e.g., Part 15, Room 402), and the assigned judge if applicable.

Tips:

• Mirror the county and part shown on the most recent court notice.
• If the case has been reassigned since the last appearance, use the current assignment.

2) Enter case information

• Insert the docket or index number exactly as it appears on prior papers.
• Use the precise caption: Plaintiff/Petitioner v. Defendant/Respondent, including suffixes and “d/b/a” designations.
• List the judge’s name if assigned; otherwise, list the part.

Tips:

• Double-check spelling, punctuation, and hyphens in the caption.
• For consolidated matters, verify you are adjourning the correct case and appearance.

3) State the current appearance

• List the current date, time, part, and the type of event (preliminary conference, compliance conference, settlement conference, motion, trial, etc.).
• Confirm details against the latest court notice or the party’s calendar.

Tips:

• If multiple events share a date, specify which event(s) the adjournment covers.

4) Propose the new date

• If the part allows parties to propose dates, list the new date, time, and part.
• If the part controls scheduling, write “next available” (or equivalent per the part’s practice).
• Ensure the interval aligns with the reason and any interim tasks.

Tips:

• Avoid holidays and known closures. Allow realistic time for interim steps.

5) Give the reason for adjournment

• Provide a concise, factual reason:
• “Counsel recently retained; requires time to review file.”
• “Active settlement discussions; additional time requested.”
• “Subpoenaed records pending; return expected within 30 days.”
• “Counsel conflict with trial in another matter.”
• “Illness of counsel; adjournment requested to [date].”

Tips:

• If prior adjournments exist, explain what has changed (e.g., records now due, settlement nearing resolution).

6) Set interim terms (if needed)

• Use calendar dates and clear tasks:
• “Plaintiff to provide supplemental authorizations by March 15, 20XX.”
• “Defendant to respond to demands by April 1, 20XX.”
• For motions, include service and return dates:
• “Motion by April 10; opposition by May 1; reply by May 10; return date May 20 (or next available).”
• Discovery milestones:
• “Depositions completed by June 5; Plaintiff by May 20; Defendant by June 5.”
• “IME by May 25; report served within 10 days.”
• Optional stays:
• “All motion practice stayed pending depositions.”
• “Enforcement stayed until the next appearance.”

Tips:

• Use “without prejudice” to avoid implied waivers when appropriate.
• Avoid contingent terms tied to uncertain events; translate them into dates when possible.

7) Note attendance and notice

• State whether all parties or counsel were present and consented.
• If a party did not sign, specify how and when you will serve the fully executed stipulation, and by what method.
• Maintain proof of service.

Tips:

• Some parts require all signatures before submission. Confirm the local practice.

8) Count prior adjournments

• If required, state the number of prior adjournments accurately and whether they relate to the same type of appearance or to the case overall, following the part’s instructions.

Tips:

• Confirm figures from your file and calendar; do not guess.

9) Signatures

• Each party or attorney signs and dates; print names, roles, and contact details (address, phone, email).
• For entities, counsel or an authorized officer must sign.
• Confirm whether electronic signatures or counterparts are acceptable in the part.

Tips:

• Use legible text and correct firm and attorney names.

10) Submit for court approval

• Deliver the stipulation to the part clerk under the part’s submission process (in-person, drop-off, or as permitted).
• Request that it be so-ordered. Be prepared to answer questions or revise if the judge requests changes.
• Obtain conformed copies for each side after approval.

Tips:

• If processing is delayed, arrange pickup or provide a self-addressed envelope per the part’s practice.

11) Verify the new date

• Confirm that the new date has been entered on the calendar. Do not rely solely on what is written on the stipulation until you see a conformed copy or receive clerk confirmation.
• Calendar the new date and all interim deadlines immediately.

Tips:

• If the stipulation says “next available,” follow up for the assigned date.

12) Keep records and comply

• Keep the fully executed, so-ordered stipulation in your file (paper and electronic).
• Serve any non-signing parties as specified and retain proof.
• Comply with interim terms. If a deadline becomes impossible to meet, confer early and consider a revised stipulation or court relief.

Tips:

• Bring a copy of the so-ordered stipulation to the next appearance to avoid confusion.

Practical drafting pointers across steps

• Keep the language neutral and factual; avoid adversarial tone in a joint scheduling document.
• State the scope clearly: whether you are moving the appearance date, changing interim deadlines, or both.
• Use precise, consistent dates and avoid overlapping or contradictory deadlines.
• Consider adding a brief catch-all: “All other terms and obligations remain in effect.”

Legal Terms You Might Encounter

• Adjournment: Moving a scheduled court date to a later date. Example: “The compliance conference set for March 1 is adjourned to April 15.”
• Stipulation: A written agreement between parties (or counsel) on an aspect of the case. The CIV-GP-92 addresses scheduling and often interim steps.
• So-ordered: The judge’s signature and approval, converting the stipulation into an enforceable court order.
• Part: The specific courtroom or division managing your case calendar. Correctly identifying the part helps route papers to the right clerk and judge.
• Calendar/appearance: A scheduled date and time for conferences, motion returns, or hearings. A so-ordered stipulation updates this entry.
• Default: A consequence for failing to appear or comply with court orders. The stipulation reduces default risk by updating the official date.
• Service: Delivery of documents to other parties. If someone did not sign, you may need to serve the fully executed, so-ordered stipulation.
• Return date: The date a motion is heard or discussed. The stipulation can set or clarify the return date, or designate “next available.”
• Discovery: Exchange of information relevant to the dispute (documents, depositions, examinations). The stipulation can define discovery deadlines.
• Motion: A written request for a court order. The stipulation can set a motion briefing schedule.
• Stay: A temporary pause on actions (e.g., enforcement or discovery). If used, define scope and duration precisely.
• “Final”/“no further adjournments”: A court designation signaling that additional delays will require exceptional cause.
• Counterparts/electronic signatures: Separate signature pages or e-signatures may be accepted by some parties; confirm local practice.

FAQs

Do you need the other side’s consent to use this form?

Yes. The CIV-GP-92 documents a mutual agreement. If any appearing party declines, you must seek an adjournment directly from the court through the method permitted by the party.

Do you still have to appear on the current date after you submit it?

Yes, until the judge so orders the stipulation and the party confirms the new date on the calendar. Do not skip the existing date based on expectation alone.

Do you need to include a reason for the adjournment?

Yes. Provide a brief, factual reason (e.g., counsel recently retained, scheduling conflict, settlement talks, or pending records). Avoid vague phrases like “for convenience.”

Do you have to propose a specific new date?

Only if the part allows or requires it. Otherwise, request “next available” or the part’s equivalent. The clerk will then assign a date.

Do you count prior adjournments on the form?

If asked, provide an accurate count. Courts monitor delay patterns. Inaccurate statements can lead to denial or stricter conditions.

Do you need to serve anyone after it’s signed?

Yes, if a party did not sign. Serve the fully executed, so-ordered stipulation by an accepted method and keep proof. If everyone signed, make sure all receive a conformed copy.

Do you pay a fee to file this form?

Generally, no separate fee is required for a scheduling stipulation. Related filings (like motions) may have their own fees.

Do you risk anything by agreeing to interim terms in the stipulation?

Yes. Once so-ordered, those terms are enforceable. Commit only to realistic deadlines and clear obligations.

Can the judge change the date or terms even if both sides agree?

Yes. The court controls its calendar and may alter dates, mark the next appearance “final,” or add conditions.

What if the judge denies the stipulation?

Treat the original date as active. Appear as scheduled or promptly seek relief if circumstances prevent attendance. If only certain terms caused denial, consider a revised stipulation addressing the court’s concerns.

Is phone or email consent enough, or must everyone sign?

Courts generally require signatures. Some parts accept counterparts or electronic signatures, but verify acceptance with the part.

What if there are multiple defendants and not all agree?

Typically, all appearing parties must consent. If one refuses, a stipulation is not appropriate; request court intervention.

Can you adjourn only the motion schedule but keep the appearance date?

Yes. You can adjust interim deadlines without moving the appearance, or vice versa. Specify exactly what is moving and what remains unchanged.

How many adjournments are allowed?

There is no universal cap. Parts vary and consider the case age, prior delays, and reasons given. Repeated adjournments without progress draw closer scrutiny.

What does “marked final” mean?

It indicates the court expects no further adjournments absent extraordinary circumstances. Prepare to proceed on that date.

What if an interpreter is needed?

Note interpreter needs in the stipulation or as required by the part. If interpreter availability is the reason for the adjournment, state it clearly.

Can the stipulation stay enforcement actions or deadlines?

Yes, if both sides agree and the court so orders. Define the stay’s scope and duration precisely.

If a party is self-represented, do they sign?

Yes. Self-represented parties sign for themselves, and their contact information should be included. Serve them appropriately if they did not sign.

What if the opposing party delays signing, and the current date is near?

Do not assume timely approval. Plan to appear unless you receive confirmation that the stipulation has been so-ordered and the new date assigned.

Does the stipulation affect substantive rights or defenses?

No. It is primarily a scheduling tool. However, interim obligations become enforceable once so-ordered, so draft carefully.

Can a stipulation address multiple upcoming dates at once?

Yes, if the parties agree and the court permits. Be explicit about which appearances or deadlines are adjourned and which remain in effect.

What if a party misses an interim deadline set in the stipulation?

Raise the issue at the next appearance or request relief (sanctions, preclusion, or revised deadlines). Document compliance and noncompliance contemporaneously.

Checklist: Before, During, and After the CIV-GP-92 – Stipulation to Adjourn

Before signing

• Verify the caption, docket/index number, county, part, and judge match the latest notice.
• Confirm the current date, time, part, and event type.
• Decide whether to propose a date or request “next available.”
• Draft a concise reason for the adjournment.
• Set precise interim deadlines (discovery, depositions, IMEs, motions).
• Gather contact details for all signers.
• Identify interpreter or accommodation needs that might affect the date.
• Confirm if e-signatures or counterparts are acceptable.
• Count prior adjournments accurately.
• Plan service on any non-signing party and prepare proof of service.

During signing

• Reconfirm caption, case number, part, and judge.
• Ensure proposed dates align with interim obligations.
• Use clear, consistent language for reasons and deadlines.
• Ensure complete signature blocks (printed names, roles, contact info).
• State how and when non-signing parties will be served.
• Leave space for the judge’s signature and so-order stamp.
• Verify sequence and clarity of multiple signature lines.

After signing

• Submit promptly through the part’s accepted method.
• Track the judge’s decision and obtain conformed copies if approved.
• Serve non-signing parties and keep proof of service.
• Confirm the new date on the court’s calendar (especially if “next available” was used).
• Calendar all interim deadlines and assign responsibilities.
• Bring the so-ordered stipulation to the next appearance.
• If circumstances change, confer early and consider a revised stipulation or court request.

Common Mistakes to Avoid CIV-GP-92 – Stipulation to Adjourn

• Missing signatures: Omitting a required signature from an appearing party or counsel risks rejection. If rejected and you rely on the stipulation, you may miss the original date.
• Vague reasons: “Not ready” or “for convenience” say little and invite denial. Provide a short, concrete justification.
• Unrealistic timelines: Deadlines that are too tight lead to noncompliance; excessively long timelines may be trimmed by the court. Choose intervals that match the rationale.
• Conflicting terms: Overlapping or inconsistent deadlines cause confusion. Cross-check all dates and deliverables for consistency.
• Assuming approval: Treat the original date as active until the stipulation is so-ordered and the new date confirmed.
• Substantive overreach: Overloading a scheduling stipulation with settlement terms or admissions complicates a simple request. Keep the stipulation focused unless everyone agrees to broader terms.
• Poor records: Failing to retain conformed copies, serve non-signers, or maintain proof of service can create disputes about what the court ordered.
• Ignoring part-specific requirements: Some parts require their own language or submission process. Noncompliance can cause delay or denial.
• No plan for absent parties: If someone cannot sign, failing to specify the service method and timing can trigger rejection or confusion.
• Miscounting adjournments: Courts track delays. Underreporting harms credibility; overreporting invites unnecessary restrictions.
• Overlooking accessibility or interpreter needs: If relevant, note these needs so the new date is workable.
• Not anticipating “final” markings: Be prepared to proceed when the court signals the next date will be final.
• Vague interim obligations: Replace “promptly” with dated deadlines and clear tasks to reduce disputes.
• Unclear scope: Failing to specify whether you are moving the appearance, interim deadlines, or both leads to misunderstandings.

What to Do After Filling Out the Form CIV-GP-92 – Stipulation to Adjourn

Once the stipulation is filled out and signed by all appearing parties:

1. Submit it to the correct part for approval. If the current date is close, notify the clerk and ask about expedited processing if available.
2. Request that it be so-ordered. If the judge proposes changes, confer with the other side quickly and revise as needed. The judge may add conditions or adjust dates to fit the calendar.
3. Obtain conformed copies. Ensure the copy shows the judge’s signature, any “final” marking, and any added notes.
4. Serve any party that did not sign. Follow the agreed or accepted method (mail, personal service, etc.) and retain proof of service in your file.
5. Confirm the new date. If “next available” was used, follow up until the part is assigned and confirms the date. Do not rely solely on expectations or oral assurances.
6. Calendar interim obligations. Assign tasks and monitor progress. If you have multiple deadlines, track them with a checklist or shared task list to ensure completion.
7. Prepare for contingencies if the court denies the stipulation; plan to appear on the original date. Bring copies of the proposed stipulation to show efforts made, if helpful.
8. Do not change terms informally after approval. If circumstances shift, prepare a revised stipulation or seek court relief. Casual emails rarely override a so-ordered document.
9. Bring the so-ordered stipulation to the next appearance. If there is any confusion about dates or conditions, the signed order resolves the issue.

Best practice: Keep clients and stakeholders updated. Confirm the new date, any “final” marking, and all interim obligations and risks. Clear communication reduces surprises and supports steady case progress.