New York courts
What is the deadline for motion for summary judgment in lieu of complaint - minimum notice?
Motion for summary judgment in lieu of complaint - minimum notice is governed by CPLR 3213. This page does not calculate a date. The minimum notice period is not a single number. Read the rule text and the noted conditions before relying on any date.
Read why no date is calculated- Period
- 20 calendar days
- Trigger
- The return date fixed in the notice of motion served with the summons
- Rule
- CPLR 3213
New York rules as encoded, holiday calendar verified
Source guide · No automated date
Why this page does not calculate a date
The minimum notice period is not a single number. It equals the CPLR 320(a) appearance period for the method of service actually used - 20 days or 30 days from completion of service. Determine the service method before computing the earliest permissible return date.
Read New York Courts rules and legislation"When an action is based upon an instrument for the payment of money only or upon any judgment, the plaintiff may serve with the summons a notice of motion for summary judgment and the supporting papers in lieu of a complaint. The summons served herewith requires the defendant to submit to the court answering papers on the motion within the time provided in the notice of motion. The minimum time such motion shall be noticed to be heard shall be as provided by subdivision (a) of rule 320 for making an appearance, depending upon the method of service. If the plaintiff sets the hearing date of the motion later than the minimum time therefor, he may require the defendant to serve a copy of the answering papers upon him within such extended period of time, not exceeding ten days, prior to such hearing date. ... If the motion is denied, the moving and answering papers shall be deemed the complaint and answer, respectively, unless the court orders otherwise."
CPLR 3213
Which date starts the 20-day period?
The period runs from the return date fixed in the notice of motion served with the summons.
Count backward from the trigger event. Confirm the event on the docket or in the service record before entering a date.
Read New York Courts rules and legislation"When an action is based upon an instrument for the payment of money only or upon any judgment, the plaintiff may serve with the summons a notice of motion for summary judgment and the supporting papers in lieu of a complaint. The summons served herewith requires the defendant to submit to the court answering papers on the motion within the time provided in the notice of motion. The minimum time such motion shall be noticed to be heard shall be as provided by subdivision (a) of rule 320 for making an appearance, depending upon the method of service. If the plaintiff sets the hearing date of the motion later than the minimum time therefor, he may require the defendant to serve a copy of the answering papers upon him within such extended period of time, not exceeding ten days, prior to such hearing date. ... If the motion is denied, the moving and answering papers shall be deemed the complaint and answer, respectively, unless the court orders otherwise."
CPLR 3213
This period runs from the specific event in the cited rule. Do not substitute a nearby date such as a hearing, a courtesy copy or the day you first learned of it.
Which date do I enter?How are the 20 calendar days counted?
- Exclude the day of the trigger event.
- Count every following day, including intermediate Saturdays, Sundays and legal holidays.
- If the last day is a Saturday, Sunday or New York legal holiday, continue to the next day that is not one of those.
Exclude the trigger day and count calendar days under General Construction Law 20 (days).
If the final day is a Saturday, Sunday or legal holiday in the New York calendar, the computation rule carries it to the next open day.
New York computes time under General Construction Law 20 (days). The applied calendar bundles the state legal holidays for the covered years; court-specific closures and emergency orders are not bundled.
Read General Construction Law 20 (days)The calculation gives the ordinary national-rule date. Check relevant holidays, the court’s accessibility and its filing cutoff separately.
Review the filing checklistWhy no worked calculation is shown
No date is calculated on this page because the encoded provision could not be reduced to one fixed period. Read the rule text, the starting event and the noted branches, then confirm the period in the current rules before relying on any date.
The minimum notice period is not a single number. It equals the CPLR 320(a) appearance period for the method of service actually used - 20 days or 30 days from completion of service. Determine the service method before computing the earliest permissible return date.
Can an order, motion or extension change the deadline?
- Extensions
- The court controls the hearing date; CPLR 2004 applies to the answering-paper period.
- Orders and local rules
- A scheduling order, stipulation approved by the court, standing order or local rule can set a different period and controls over the national default.
- The court controls the hearing date; CPLR 2004 applies to the answering-paper period.
- A stipulation, scheduling order, standing order or local rule can set a different period and controls over the national default.
- The minimum notice period is not a single number. It equals the CPLR 320(a) appearance period for the method of service actually used - 20 days or 30 days from completion of service. Determine the service method before computing the earliest permissible return date.
What should I check before filing?
These checks help you review the result. They do not activate a calendar date or certify that the deadline applies.
Common questions
Find answers about when this 20-day period starts, how it is counted, what can change it and how to keep your calculation.
Starting the clock
Does the clock start on the return date fixed in the notice of motion served with the summons, or when I first learned of it?
The period runs from the return date fixed in the notice of motion served with the summons as the rule defines it, not from the day you read about it, received a courtesy copy or attended a hearing. Use the date shown on the docket or in the service record.
Counting days and filing
Is it 20 calendar days or business days?
Calendar days. Count intermediate weekends and holidays. If the final day is a Saturday, Sunday or legal holiday, General Construction Law 20 (days) carries it forward to the next day that is not one of those.
General Construction Law 20 (days)Which time zone and filing cutoff apply?
New York filing rules and the court’s electronic filing system set the cutoff. This calculator does not verify filing hours or system availability.
General Construction Law 20 (days)What if the court is inaccessible on the last day?
General Construction Law 20 (days) and the court’s administrative orders govern an inaccessible clerk’s office. Check the court’s notices. This calculator does not predict a closure.
General Construction Law 20 (days)Extensions and local rules
Can the court extend this deadline?
The court controls the hearing date; CPLR 2004 applies to the answering-paper period. A request does not itself extend the period, and no discretionary extension is calculated here.
Do local rules, standing orders or a scheduling order change the date?
They can. Many courts set their own periods by local rule, standing order or case-specific order, and those control over the national default. This calculator gives the national-rule date only; compare it with any order in the case before relying on it.
Choosing the right calculator
Does this calculator decide whether the rule applies to my case?
No. It calculates a period from the date you provide under the cited rule. It does not decide whether the rule governs your filing, whether an exception applies, or whether the filing has merit. Those questions need separate review.
Can I calculate the deadline without an account?
Yes. Enter the trigger date to see the free national-rule calculation, citation, counting steps and warnings. You can add court context after the result. Missing court review keeps the result provisional.
Results, records and your case
What is included in an Evidence Record?
The retained inputs, result, cited rule, calculation working, warnings and review state. The PDF includes a payload digest and retained-data appendix, and the record can be verified against its fingerprint later. It records the calculation, not a guarantee of legal correctness.
Does saving to a case activate the calendar?
Not automatically. Provisional records remain subject to review. A separately labeled manual date does not alter the original calculation.
Official sources and review
The period and the counting method come from different provisions. The official source is the court’s published rules; the reading links open the rule text at the Legal Information Institute.
| Provision | Purpose |
|---|---|
| CPLR 3213 | Trigger and period |
| General Construction Law 20 (days) | Counting, holidays and the last day |
Rule record reviewed . Guide sources checked . Next source check .
Published by Deadline Engine. This tool calculates the ordinary period under the cited rule. It does not decide whether the rule applies, obtain an extension or file anything for you.