# NOTICE OF NON-COMPLIANCE -- COURT CLERK

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

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

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**NOTE:** This notice assumes good faith and seeks cooperative compliance with procedural requirements. It is not an accusation of misconduct, but a formal request to ensure complete record and proper procedure.

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## Legal Authority

You are bound by:

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

## Procedural Status

As of {{date}}, the following items require attention:

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

## Demand

You are demanded to:

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

## Cooperative Resolution

If the requested actions are completed within {{X}} business days, no further action is necessary. This notice will serve only as record preservation for procedural compliance.

## Importance of Accurate Records

Accurate court records are essential for:

- Complete appellate review (CPLR Article 55)
- Public access to court proceedings (22 NYCRR Section 202.5)
- Proper administration of justice

## Preservation Notice

This notice preserves the procedural record for:

- Potential motion practice if informal resolution fails
- Appellate review (if applicable)
- Administrative record of good-faith compliance efforts

If informal resolution is unsuccessful, you may need to consult an attorney about further remedies.

## Service

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

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**Certification of Service**

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

{{Your Signature}}
{{Your Name}}
{{Address}}
{{Phone}}
{{Email}}