United States · New York civil procedure
When must objections to a New York document demand be served?
CPLR 3122(a)(1) requires particularized objections within 20 days after notice or subpoena service. This preset uses valid personal service.
- Period
- 20 calendar days
- Trigger
- Valid personal service of the CPLR 3120 or 3121 notice or subpoena on the objecting recipient
- Rule
- CPLR 3122(a)-(d)
Current official section, website revision from 2014-09-22, reviewed. The revision label is not an inferred effective date.
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Which event starts the CPLR 3122(a)-(d) period?
Identify the actual served notice or subpoena, its CPLR 3120 or 3121 basis and the recipient. This preset requires independently valid personal service.
Separate objections to each item or category from the actual production or examination time. Preserve any court direction and determine whether the medical-provider authorization exception applies.
Responsible actor. The party or person objecting to the disclosure, inspection or examination. The ordinary CPLR 3122(a)(1) objection response after valid personal service only. The medical-provider no-response branch, service additions, protective orders, granted extensions and different court directions are excluded.
CPLR 3122(a)-(d)How is this service or filing period counted?
- Identify the actual served notice or subpoena, its CPLR 3120 or 3121 basis and the recipient. This preset requires independently valid personal service.
- Separate objections to each item or category from the actual production or examination time. Preserve any court direction and determine whether the medical-provider authorization exception applies.
- Exclude the established event day and count 20 calendar days forward. Intermediate weekends and public holidays count. General Construction Law 25-a permits the next succeeding business day for a closed final statutory day.
- Serve a response stating each objection’s reasons with reasonable particularity. Identify the objected-to part of an item or category. Preserve the response, recipients and proof of service; actual production remains separate.
General Construction Law 20 excludes the established event day. Intermediate Saturdays, Sundays and public holidays count in these fifteen-, twenty-, sixty- and 120-day calendar periods. Section 25-a permits the next succeeding business day for a closed final statutory day and expressly includes a period before which an act is required. The backward notice-to-admit boundary still requires the actual trial date and separate opening condition.
The independently derived 2026 and 2027 calendar follows General Construction Law 24 and Election Law 8-100. It includes Lincoln’s Birthday, Flag Day on the second Sunday in June, Juneteenth, general election day and the other specified holidays. Section 24 adds the next day when a listed holiday falls on Sunday, except Flag Day. A Saturday holiday is not automatically observed on Friday under this provision. Additional appointed holidays and actual court or system closures require separate proof.
These calculators cover established events and final dates within January 1, 2026 through December 31, 2027. They require the disclosed statutory branch, independently valid service, no unsupported method addition, no different actual court order and no additional closure. The backward notice-to-admit preset requires an actual open-day trial date and an independently established opening condition. Earlier editions, the 2020 executive-order toll and dates beyond the retained calendar require separate review and receive no computed or paid date. This software coverage boundary does not establish that an actual act is late.
General Construction Law 20, calendar days and exact two-day exceptionWhat does the independently derived example establish?
Fictitious example
The ordinary CPLR 3122(a)(1) objection response after valid personal service only. The medical-provider no-response branch, service additions, protective orders, granted extensions and different court directions are excluded. Fictitious established event on the input date. The ordinary CPLR 3122(a)(1) objection response after valid personal service only. The medical-provider no-response branch, service additions, protective orders, granted extensions and different court directions are excluded.
| Step | What is counted | Date |
|---|---|---|
| Established procedural event | Valid personal service of the CPLR 3120 or 3121 notice or subpoena on the objecting recipient | September 1, 2026 |
| Disclosed statutory component | 20 calendar days | Monday, September 21, 2026 |
Fictitious established facts. The result does not prove valid service, the required exception, actual filing, preserved jurisdiction or a granted court extension. The applicable hour and actual court directions remain separate checks.
Try these dates in the calculatorWhich facts change this procedural requirement?
- Medical-provider authorization
- Under section 3122(a)(2), the specified medical provider need not respond or object to a nontrial medical-record subpoena lacking written patient authorization. The court-issued trial subpoena and otherwise directed production branches require separate review.
- Specific objections
- A response must identify the reasons for each objection and specify any objected-to part. A blanket statement or timely filing alone does not establish a served particularized response.
- Withheld documents
- Section 3122(b) separately requires the specified notice and identifying information for withheld documents, subject to its privilege qualification. A calculated date does not supply that disclosure.
- Service method
- CPLR 2103(b) has conditional five- or six-day mail additions and one business day for qualifying overnight service when a statutory period is measured from service. This personal-service preset computes none of those alternatives.
- Protective relief
- CPLR 3103 permits protective orders and states the effect of service of a notice of motion on the particular disputed disclosure. No motion, protection or extension is assumed here.
- Edition and calendar coverage
- These calculators cover established events and final dates within January 1, 2026 through December 31, 2027. They require the disclosed statutory branch, independently valid service, no unsupported method addition, no different actual court order and no additional closure. The backward notice-to-admit preset requires an actual open-day trial date and an independently established opening condition. Earlier editions, the 2020 executive-order toll and dates beyond the retained calendar require separate review and receive no computed or paid date. This software coverage boundary does not establish that an actual act is late.
- The ordinary CPLR 3122(a)(1) objection response after valid personal service only. The medical-provider no-response branch, service additions, protective orders, granted extensions and different court directions are excluded.
- The selected date supplies only the disclosed statutory branch. It does not validate the facts or authorize an unmodeled alternative.
Which documents, completed acts and proof should be retained?
Questions about CPLR 3122(a)-(d)
When must objections to a New York document demand be served?
Do these twenty days set the production date?
No. CPLR 3120 requires the notice to specify production time. This page concerns serving particularized objections under CPLR 3122.
CPLR 3120(1)-(4)May a medical provider ignore every subpoena without authorization?
Section 3122(a)(2) has a specific nontrial medical-record branch. Court-issued trial subpoenas and court-directed production require their own conditions.
CPLR 3122(a)-(d)Does the preset add time for a mailed demand?
No. It covers valid personal service. Establish the applicable CPLR 2103 method and its addition before using a different calculation.
CPLR 2103Official New York procedural, counting and filing sources
Provisions used (10)
| Provision | Purpose |
|---|---|
| CPLR 3122(a)-(d) | The particular actor, event, period and required act |
| CPLR 2103 | Service method |
| CPLR 3103 | Protective relief |
| CPLR 3120(1)-(4) | Valid delivery and conditional method additions |
| General Construction Law 20, calendar days and exact two-day exception | Event-day exclusion and intermediate calendar days |
| General Construction Law 24, public holidays | Statutory public holidays and Sunday observance |
| General Construction Law 25-a, next succeeding business day | Closed final statutory day and next succeeding business day |
| Election Law 8-100(1)(c), general election day | General election day in the statutory calendar |
| CPLR 2103, valid service and specified response additions | Service method |
| 22 NYCRR 202.5-b(d), (f), (h), (i) | Electronic filing and participating-party service events; initial service remains separate |