Skip to main content

United States · New York civil procedure

How much notice is required for document production in New York?

CPLR 3120(2) requires at least 20 days after service before the specified inspection or production time. The actual notice sets that time.

5.0Rated by lawyers in California, London and Singapore“The platform is really easy to use.” — Michael B., California“The Evidence Record saved us time with our insurance on bankruptcy matters.” — Maria, London, UK“The most up-to-date service we could find.” — Li Chen, Singapore
Read why no date is calculated
Period
At least 20 days, with the actual production time specified in the notice
Trigger
Service of the notice or subpoena and the production time actually specified
Rule
CPLR 3120(1)-(4)
CPLR 3120(1)-(4)

Current official section, website revision from 2014-09-22, reviewed. The revision label is not an inferred effective date.

Source guide · No automated date

How much notice is required for document production in New York?

A twenty-day minimum does not identify the actual date specified in a notice or subpoena. The existing one-date preset cannot express the production obligation and supplies no computed or paid deadline here.

CPLR 3120(1)-(4)

What lawyers say

5.0
  • “The platform is really easy to use.”

    Michael B.Employment litigation attorney · California

  • “The Evidence Record saved us time with our insurance on bankruptcy matters.”

    MariaBankruptcy and commercial attorney · London, UK

  • “The most up-to-date service we could find.”

    Li ChenArbitration practitioner · Singapore

Which event starts the CPLR 3120(1)-(4) period?

Read the served notice or subpoena. Identify its actual service, requested time, place, manner, recipients and individually described items or categories.

Distinguish a minimum interval from a responding party’s due date. A notice may select a later permitted production date; the twenty-day statutory minimum does not select that later date.

Responsible actor. The party issuing the discovery notice or subpoena duces tecum. A source guide to the minimum notice and contents required by CPLR 3120. The actual production obligation depends on the served document and any valid modification or court order.

CPLR 3120(1)-(4)

How does the minimum interval relate to the actual production time?

  1. Read the served notice or subpoena. Identify its actual service, requested time, place, manner, recipients and individually described items or categories.
  2. Distinguish a minimum interval from a responding party’s due date. A notice may select a later permitted production date; the twenty-day statutory minimum does not select that later date.
  3. Read the time, place and manner specified by the actual notice. Twenty days is the minimum notice interval, not a date on which every recipient must produce.
  4. Specify the actual time, place and manner in the notice or subpoena and describe the requested items with reasonable particularity. Establish valid service, any required judicial process and separate objection timing.

A twenty-day minimum does not identify the actual date specified in a notice or subpoena. The existing one-date preset cannot express the production obligation and supplies no computed or paid deadline here.

CPLR 3120(1)-(4)

How can the same service date produce different production dates?

Fictitious notices personally served on September 1, 2026 can specify September 25 or October 2 for production, assuming all other requirements are met. Both dates exceed the twenty-day minimum. The actual specified date remains part of the obligation.

A twenty-day minimum does not identify the actual date specified in a notice or subpoena. The existing one-date preset cannot express the production obligation and supplies no computed or paid deadline here.

Which facts change this procedural requirement?

Minimum is not an automatic due date
Section 3120(2) requires a specified time not less than twenty days after service. It does not require every recipient to produce on the twentieth day.
Party and nonparty process
After commencement, section 3120(1) permits a notice to another party or a subpoena duces tecum to another person. A subpoena’s independent validity and enforcement requirements are not replaced by this guide.
Other-party notice
Under section 3120(3), the issuing party serves a subpoena copy on all other parties at the same time. Within five days of whole or partial compliance, the party gives the specified availability notice. This guide does not combine those clocks.
Government and library subpoenas
Section 3120(4) preserves CPLR 2307’s motion-on-notice requirements for the identified libraries and governmental recipients. Ordinary notice alone does not establish compliance.
Separate objections
CPLR 3122(a) supplies twenty-day particularized objection timing and a separate medical-provider authorization branch. The production date and objection deadline are distinct.
Current source and actual notice
Current official section, website revision from 2014-09-22, reviewed. The revision label is not an inferred effective date. A twenty-day minimum does not identify the actual date specified in a notice or subpoena. The existing one-date preset cannot express the production obligation and supplies no computed or paid deadline here.
CPLR 3120(1)-(4)
  • A source guide to the minimum notice and contents required by CPLR 3120. The actual production obligation depends on the served document and any valid modification or court order.
  • A twenty-day minimum does not identify the actual date specified in a notice or subpoena. The existing one-date preset cannot express the production obligation and supplies no computed or paid deadline here.

Which documents, completed acts and proof should be retained?

Questions about CPLR 3120(1)-(4)

How much notice is required for document production in New York?

Must I produce every requested document on day twenty?

Read the actual specified production time. Twenty days is a minimum notice interval, while the notice can require a later time.

CPLR 3120(1)-(4)

Does a production date replace the objection deadline?

No. CPLR 3122 provides the separate response stating particularized objections. Preserve that clock and the actual production requirement.

CPLR 3122(a)-(d)

Can I use an ordinary notice against a nonparty?

CPLR 3120 distinguishes a party notice from a subpoena duces tecum to another person. The required subpoena process must be independently valid.

CPLR 3120(1)-(4)

Official New York procedural, counting and filing sources

Provisions used (9)
Provisions used in this guide
ProvisionPurpose
CPLR 3120(1)-(4)The particular actor, event, period and required act
CPLR 2307Government and library subpoenas
CPLR 3122(a)-(d)Separate objections
General Construction Law 20, calendar days and exact two-day exceptionEvent-day exclusion and intermediate calendar days
General Construction Law 24, public holidaysStatutory public holidays and Sunday observance
General Construction Law 25-a, next succeeding business dayClosed final statutory day and next succeeding business day
Election Law 8-100(1)(c), general election dayGeneral election day in the statutory calendar
CPLR 2103, valid service and specified response additionsValid delivery and conditional method additions
22 NYCRR 202.5-b(d), (f), (h), (i)Electronic filing and participating-party service events; initial service remains separate
Read the official provision

Cookie preferences

Deadline Engine uses necessary cookies for authentication and security. You can choose whether we may load Plausible Analytics to measure aggregate site use. We do not use advertising or marketing tracking. You can change this any time from the footer. Read the Cookie Policy.