New York courts
What is the deadline for motion to dismiss the complaint?
Motion to dismiss the complaint is governed by CPLR 3211(e). This page does not calculate a date. The 20-day figure is the common case only. Read the rule text and the noted conditions before relying on any date.
Read why no date is calculated- Period
- 20 calendar days
- Trigger
- Service of the pleading sought to be dismissed; the motion must be made before service of the responsive pleading is required
- Rule
- CPLR 3211(e)
New York rules as encoded, holiday calendar verified
Source guide · No automated date
Why this page does not calculate a date
The 20-day figure is the common case only. The true period is "before service of the responsive pleading is required", which is 30 days after completion of service where CPLR 3012(c) applies. Encode against the answer date actually computed for the matter, not against a fixed 20 days.
Read New York Courts rules and legislation"At any time before service of the responsive pleading is required, a party may move on one or more of the grounds set forth in subdivision (a), and no more than one such motion shall be permitted."
CPLR 3211(e)
Which date starts the 20-day period?
The period runs from the service of the pleading sought to be dismissed; the motion must be made before service of the responsive pleading is required.
Count forward 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"At any time before service of the responsive pleading is required, a party may move on one or more of the grounds set forth in subdivision (a), and no more than one such motion shall be permitted."
CPLR 3211(e)
This period runs from service as the rule defines it. Do not substitute the filing date, the day a courtesy copy arrived or the day you first read the paper.
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 20-day figure is the common case only. The true period is "before service of the responsive pleading is required", which is 30 days after completion of service where CPLR 3012(c) applies. Encode against the answer date actually computed for the matter, not against a fixed 20 days.
Can an order, motion or extension change the deadline?
- Extensions
- CPLR 2004 and CPLR 3012(d) may extend the time to appear or plead and so extend the window for the motion. There is no discretion to allow a second CPLR 3211(a) motion.
- 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.
- CPLR 2004 and CPLR 3012(d) may extend the time to appear or plead and so extend the window for the motion. There is no discretion to allow a second CPLR 3211(a) motion.
- A stipulation, scheduling order, standing order or local rule can set a different period and controls over the national default.
- The 20-day figure is the common case only. The true period is "before service of the responsive pleading is required", which is 30 days after completion of service where CPLR 3012(c) applies. Encode against the answer date actually computed for the matter, not against a fixed 20 days.
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 service of the pleading sought to be dismissed; the motion must be made before service of the responsive pleading is required, or when I first learned of it?
The period runs from the service of the pleading sought to be dismissed; the motion must be made before service of the responsive pleading is required 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?
CPLR 2004 and CPLR 3012(d) may extend the time to appear or plead and so extend the window for the motion. There is no discretion to allow a second CPLR 3211(a) motion. 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 3211(e) | 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.