State deadlines

New York probate, civil and family deadlines

27 deadlines · Last checked 24 October 2026

Each entry gives the period, what starts it, the citation and the words the rule uses. The short label cannot carry every condition, so read the quotation and the rule itself.

This is reference information, not legal advice. Check the current rule and any local rule or court order before relying on it.

Probate

  • New York estate tax return (ET-706) and payment

    9 months after the date of death

    shall file returns, statements, or other documents, or copies thereof, within nine months after the date of the decedent's death.

    N.Y. Tax Law §§971(a), 972(a), 974(b), 952(c) · Checked 4 October 2026 · Read the rule

  • Seven months for claims (fiduciary protected after this)

    7 months after the date letters were issued

    If any claim is not presented within 7 months from the date of issue of letters, the fiduciary shall not be chargeable for any assets or moneys that he may have paid in good faith in satisfaction of any lawful claims or of any legacies or distributions ... before such claim was presented.

    N.Y. SCPA §1802 · Checked 4 October 2026 · Read the rule

  • Inventory of Assets form

    9 months after the date letters were issued

    The Inventory of Assets form shall be filed with the court within nine months of the date letters issued to the fiduciary or as the court otherwise directs.

    22 NYCRR §207.20(b), (c) · Checked 4 October 2026 · Read the rule

Civil

  • Serve summons and complaint

    120 days after the complaint was filed

    shall be made within one hundred twenty days after the commencement of the action or proceeding

    CPLR 306-b · Checked 24 October 2026 · Read the rule

  • Answer (or appearance) due — personal delivery

    20 days after the summons and complaint were served

    Service of an answer or reply shall be made within twenty days after service of the pleading to which it responds. ... (CPLR 320(a)): An appearance shall be made within twenty days after service of the summons

    CPLR 3012(a); CPLR 320(a) · Checked 24 October 2026 · Read the rule

  • Answer due after CPLR 3211 motion denied

    10 days after the court decided the motion

    Service of a notice of motion under subdivision (a) or (b) ... extends the time to serve the pleading until ten days after service of notice of entry of the order.

    CPLR 3211(f) · Checked 24 October 2026 · Read the rule

  • Answer to amended or supplemental pleading

    20 days after the amended pleading was served

    Service of such an answer or reply shall be made within twenty days

    CPLR 3025(d) · Checked 24 October 2026 · Read the rule

  • Answers or objections to interrogatories

    20 days after the discovery requests were served

    Within twenty days after service of interrogatories,

    CPLR 3133(a) · Checked 24 October 2026 · Read the rule

  • Objections to document demand

    20 days after the discovery requests were served

    Within twenty days of service of a notice or subpoena duces tecum under rule 3120 or section 3121,

    CPLR 3122(a) · Checked 24 October 2026 · Read the rule

  • Response to notice to admit (else deemed admitted)

    20 days after the discovery requests were served

    Each of the matters of which an admission is requested shall be deemed admitted unless ... within twenty days after service thereof or within such further time as the court may allow

    CPLR 3123(a) · Checked 24 October 2026 · Read the rule

  • Serve notice of motion (8-day)

    8 days before the hearing

    A notice of motion and supporting affidavits shall be served at least eight days before the time at which the motion is noticed to be heard.

    CPLR 2214(b) · Checked 24 October 2026 · Read the rule

  • Answering papers (8-day notice)

    2 court days before the hearing

    Answering affidavits shall be served at least two days before such time.

    CPLR 2214(b) · Checked 24 October 2026 · Read the rule

  • Serve notice of motion (16-day, demanding early answers)

    16 days before the hearing

    if a notice of motion served at least sixteen days before such time so demands

    CPLR 2214(b) · Checked 24 October 2026 · Read the rule

  • Answering papers and cross-motion (16-day notice)

    7 days before the hearing

    Answering affidavits and any notice of cross-motion, with supporting papers, if any, ... shall be served at least seven days before such time

    CPLR 2214(b) · Checked 24 October 2026 · Read the rule

  • Reply or responding papers (16-day notice)

    1 day before the hearing

    whereupon any reply or responding affidavits shall be served at least one day before such time.

    CPLR 2214(b) · Checked 24 October 2026 · Read the rule

  • Last day to move for summary judgment

    120 days after the note of issue was filed

    such motion shall be made no later than one hundred twenty days after the filing of the note of issue ... except with leave of court on good cause shown

    CPLR 3212(a) · Checked 24 October 2026 · Read the rule

  • Motion to vacate note of issue

    20 days after the note of issue was filed

    Within 20 days after service of a note of issue and certificate of readiness,

    22 NYCRR 202.21(e) · Checked 24 October 2026 · Read the rule

  • Last day to serve a notice to admit

    20 days before trial

    and not later than twenty days before the trial, a party may serve upon any other party

    CPLR 3123(a) · Checked 24 October 2026 · Read the rule

  • Post-trial motion (CPLR 4404)

    15 days after the verdict or decision

    fifteen days after decision, verdict or discharge of the jury

    CPLR 4405 · Checked 24 October 2026 · Read the rule

  • Notice of appeal (as of right)

    30 days after notice of entry was served

    An appeal as of right must be taken within thirty days after service by a party upon the appellant ... a copy of the judgment or order appealed from and written notice of its entry

    CPLR 5513(a), (d) · Checked 24 October 2026 · Read the rule

  • Motion for permission to appeal

    30 days after notice of entry was served

    computed from the date of service by a party upon the party seeking permission ... A motion for permission to appeal must be made within thirty days.

    CPLR 5513(b), (d) · Checked 24 October 2026 · Read the rule

  • Motion for leave to reargue

    30 days after notice of entry was served

    shall be made within thirty days after service of a copy of the order determining the prior motion

    CPLR 2221(d)(3) · Checked 24 October 2026 · Read the rule

  • Motion to vacate default judgment (excusable default)

    12 months after notice of entry was served

    excusable default, if such motion is made within one year after service of a copy of the judgment or order

    CPLR 5015(a)(1) · Checked 24 October 2026 · Read the rule

Civil notes

No day is worked out for these. Read the rule.

  • 30 days after service is complete for non-personal service

    the appearance shall be made within thirty days after service is complete ... (3012(c)): service of an answer shall be made within thirty days after service is complete. ... (308): service shall be complete ten days after such filing

    CPLR 320(a); CPLR 3012(c); CPLR 308(2), (4) · Checked 24 October 2026 · Read the rule

  • Summons served without complaint: demand and complaint

    Service of the complaint shall be made within twenty days after service of the demand.

    CPLR 3012(b) · Checked 24 October 2026 · Read the rule

  • Opposition counted back from the return date, not from service

    Answering affidavits shall be served at least two days before such time.

    CPLR 2214(b) · Checked 24 October 2026 · Read the rule

  • No statewide deadline keyed to close of discovery

    such motion shall be made no later than one hundred twenty days after the filing of the note of issue

    CPLR 3212(a) · Checked 24 October 2026 · Read the rule

  • No fixed statewide expert or pretrial-disclosure deadlines counted back from trial (except notice to admit)

    Upon request, each party shall identify each person whom the party expects to call as an expert witness at trial

    CPLR 3101(d)(1)(i) · Checked 24 October 2026 · Read the rule

  • Entry alone does not start the appeal clock

    shall not constitute service of notice of entry by any party

    CPLR 5513(a); 22 NYCRR 202.5-b(h)(3) · Checked 24 October 2026 · Read the rule

  • Perfect appeal within 6 months of notice of appeal

    In the event that an appellant fails to perfect a civil matter within six months of the date of the notice of appeal,

    22 NYCRR 1250.10(a) · Checked 24 October 2026 · Read the rule

  • Mailing extension does not extend the mover's own 60-day CPLR 3211(e) period

    We hold that CPLR 2103 (b) (2) does not give the defendant the option to extend that period by another five days,

    HSBC Bank USA, N.A. v Maniatopoulos, 175 AD3d 575 (2d Dept 2019) · Checked 24 October 2026 · Read the rule

  • Cross-appeal: 10 days after their notice of appeal is served, or your own time if longer

    within ten days after such service or within the time limited

    CPLR 5513(c) · Checked 24 October 2026 · Read the rule

  • Production is due on the date in the notice

    which shall be not less than twenty days after service of the notice or subpoena,

    CPLR 3120(2) · Checked 24 October 2026 · Read the rule

Family

  • Serve divorce summons

    120 days after the petition was filed

    shall be made within one hundred twenty days after the commencement of the action or proceeding ... (DRL 211): A matrimonial action shall be commenced by the filing of a summons

    CPLR 306-b; N.Y. Dom. Rel. Law § 211 · Checked 24 October 2026 · Read the rule

  • Appearance or answer due (personal delivery)

    20 days after the petition was served

    An appearance shall be made within twenty days after service of the summons

    CPLR 320(a); CPLR 3012(a); CPLR 101 · Checked 24 October 2026 · Read the rule

  • File request for judicial intervention (RJI)

    45 days after the petition was served

    A request for judicial intervention shall be filed with the court by the plaintiff no later than 45 days ... from the date of service of the summons and complaint or summons with notice upon the defendant

    22 NYCRR 202.16(d) · Checked 24 October 2026 · Read the rule

  • Answers or objections to interrogatories

    20 days after the discovery requests were served

    Within twenty days after service of interrogatories,

    CPLR 3133(a) · Checked 24 October 2026 · Read the rule

  • Objections to document demand

    20 days after the discovery requests were served

    Within twenty days of service of a notice or subpoena duces tecum under rule 3120 or section 3121,

    CPLR 3122(a) · Checked 24 October 2026 · Read the rule

  • Response to notice to admit (else deemed admitted)

    20 days after the discovery requests were served

    Each of the matters of which an admission is requested shall be deemed admitted unless ... within twenty days after service thereof or within such further time as the court may allow

    CPLR 3123(a) · Checked 24 October 2026 · Read the rule

  • Sworn statement of net worth after written demand

    20 days after the discovery requests were served

    A sworn statement of net worth shall be provided upon receipt of a notice in writing demanding the same, ... within twenty days after the receipt thereof.

    N.Y. Dom. Rel. Law § 236(B)(4)(a) · Checked 24 October 2026 · Read the rule

  • Serve notice of motion (8-day)

    8 days before the hearing

    A notice of motion and supporting affidavits shall be served at least eight days before the time at which the motion is noticed to be heard.

    CPLR 2214(b) · Checked 24 October 2026 · Read the rule

  • Answering papers (8-day notice)

    2 court days before the hearing

    Answering affidavits shall be served at least two days before such time.

    CPLR 2214(b) · Checked 24 October 2026 · Read the rule

  • Serve notice of motion (16-day, demanding early answers)

    16 days before the hearing

    if a notice of motion served at least sixteen days before such time so demands

    CPLR 2214(b) · Checked 24 October 2026 · Read the rule

  • Answering papers and cross-motion (16-day notice)

    7 days before the hearing

    Answering affidavits and any notice of cross-motion, with supporting papers, if any, ... shall be served at least seven days before such time

    CPLR 2214(b) · Checked 24 October 2026 · Read the rule

  • Reply or responding papers (16-day notice)

    1 day before the hearing

    whereupon any reply or responding affidavits shall be served at least one day before such time.

    CPLR 2214(b) · Checked 24 October 2026 · Read the rule

  • Last day to move for summary judgment

    120 days after the note of issue was filed

    such motion shall be made no later than one hundred twenty days after the filing of the note of issue ... except with leave of court on good cause shown

    CPLR 3212(a) · Checked 24 October 2026 · Read the rule

  • Motion to vacate note of issue

    20 days after the note of issue was filed

    Within 20 days after service of a note of issue and certificate of readiness,

    22 NYCRR 202.21(e) · Checked 24 October 2026 · Read the rule

  • Last day to serve a notice to admit

    20 days before trial

    and not later than twenty days before the trial, a party may serve upon any other party

    CPLR 3123(a) · Checked 24 October 2026 · Read the rule

  • Post-trial motion (CPLR 4404)

    15 days after the verdict or decision

    fifteen days after decision, verdict or discharge of the jury

    CPLR 4405 · Checked 24 October 2026 · Read the rule

  • Notice of appeal (as of right)

    30 days after notice of entry was served

    An appeal as of right must be taken within thirty days after service by a party upon the appellant ... a copy of the judgment or order appealed from and written notice of its entry

    CPLR 5513(a), (d) · Checked 24 October 2026 · Read the rule

  • Motion for permission to appeal

    30 days after notice of entry was served

    computed from the date of service by a party upon the party seeking permission ... A motion for permission to appeal must be made within thirty days.

    CPLR 5513(b), (d) · Checked 24 October 2026 · Read the rule

  • Motion for leave to reargue

    30 days after notice of entry was served

    shall be made within thirty days after service of a copy of the order determining the prior motion

    CPLR 2221(d)(3) · Checked 24 October 2026 · Read the rule

  • Motion to vacate default judgment (excusable default)

    12 months after notice of entry was served

    excusable default, if such motion is made within one year after service of a copy of the judgment or order

    CPLR 5015(a)(1) · Checked 24 October 2026 · Read the rule

Family notes

No day is worked out for these. Read the rule.

  • 30 days after service is complete for non-personal service

    the appearance shall be made within thirty days after service is complete ... (3012(c)): service of an answer shall be made within thirty days after service is complete. ... (308): service shall be complete ten days after such filing

    CPLR 320(a); CPLR 3012(c); CPLR 308(2), (4) · Checked 24 October 2026 · Read the rule

  • Summons served without complaint: demand and complaint

    Service of the complaint shall be made within twenty days after service of the demand.

    CPLR 3012(b) · Checked 24 October 2026 · Read the rule

  • Opposition counted back from the return date, not from service

    Answering affidavits shall be served at least two days before such time.

    CPLR 2214(b) · Checked 24 October 2026 · Read the rule

  • No fixed statewide expert or pretrial-disclosure deadlines counted back from trial (except notice to admit)

    Upon request, each party shall identify each person whom the party expects to call as an expert witness at trial

    CPLR 3101(d)(1)(i) · Checked 24 October 2026 · Read the rule

  • Entry alone does not start the appeal clock

    shall not constitute service of notice of entry by any party

    CPLR 5513(a); 22 NYCRR 202.5-b(h)(3) · Checked 24 October 2026 · Read the rule

  • Perfect appeal within 6 months of notice of appeal

    In the event that an appellant fails to perfect a civil matter within six months of the date of the notice of appeal,

    22 NYCRR 1250.10(a) · Checked 24 October 2026 · Read the rule

  • No waiting period found that runs from filing or service

    The relationship between husband and wife has broken down irretrievably for a period of at least six months

    N.Y. Dom. Rel. Law § 170(7) · Checked 24 October 2026 · Read the rule

  • Preliminary conference and net worth filing

    a preliminary conference shall be ordered by the court to be held within 45 days after the action has been assigned ... shall be filed with the court no later than 10 days prior to the preliminary conference

    22 NYCRR 202.16(f) · Checked 24 October 2026 · Read the rule

  • Net worth statement within 10 days after joinder of issue if not demanded

    In the event said statement is not demanded, it shall be filed with the clerk of the court by each party, ... within ten days after joinder of issue,

    N.Y. Dom. Rel. Law § 236(B)(4)(a) · Checked 24 October 2026 · Read the rule

  • Appeals from matrimonial judgments; Family Court is different

    thirty days from receipt of the order by the appellant in court ... thirty-five days from the mailing or electronic transmission of the order to the appellant by the clerk of the court ... whichever is earliest.

    CPLR 101; N.Y. Fam. Ct. Act § 1113 · Checked 24 October 2026 · Read the rule

  • Cross-appeal: 10 days after their notice of appeal is served, or your own time if longer

    within ten days after such service or within the time limited

    CPLR 5513(c) · Checked 24 October 2026 · Read the rule

  • Production is due on the date in the notice

    which shall be not less than twenty days after service of the notice or subpoena,

    CPLR 3120(2) · Checked 24 October 2026 · Read the rule

Counting days under the court rules

within which or after which or before which an act is authorized or required to be done ... may be done on the next succeeding business day

N.Y. Gen. Constr. Law §§20, 25-a · Checked 24 October 2026 · Read the rule

Counting one of these from a real date? Try the date calculator, or look around a sample workspace.

This is reference information, not legal advice. Check the current rule and any local rule or court order before relying on it.

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