United States · New York civil procedure
When must a sworn response to a New York notice to admit be served?
CPLR 3123(a) ordinarily requires a sworn response within 20 days after notice service. Unanswered proper requests can be deemed admitted.
- Period
- 20 calendar days
- Trigger
- Valid personal service of the qualifying written request for admission
- Rule
- CPLR 3123(a)-(c)
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 3123(a)-(c) period?
Identify the actual notice, valid personal service and the matters requested. Establish proper subject matter and the statutory opening and trial-cutoff conditions separately.
Read the requested documents, photographs or facts and preserve copies. This twenty-day response calculation does not decide whether a contested ultimate issue was a proper request.
Responsible actor. The party to whom the qualifying written admission request is directed. A proper CPLR 3123 admission request personally served within its established statutory window only. Invalid subjects, unsupported methods, a granted further period and different court directions are excluded.
CPLR 3123(a)-(c)How is this service or filing period counted?
- Identify the actual notice, valid personal service and the matters requested. Establish proper subject matter and the statutory opening and trial-cutoff conditions separately.
- Read the requested documents, photographs or facts and preserve copies. This twenty-day response calculation does not decide whether a contested ultimate issue was a proper request.
- 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 the requesting party with the required sworn specific denial, detailed inability to admit or deny, or statutorily qualified statement. Preserve the oath, grounds, actual recipients and proof of service.
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
A proper CPLR 3123 admission request personally served within its established statutory window only. Invalid subjects, unsupported methods, a granted further period and different court directions are excluded. Fictitious established event on the input date. A proper CPLR 3123 admission request personally served within its established statutory window only. Invalid subjects, unsupported methods, a granted further period and different court directions are excluded.
| Step | What is counted | Date |
|---|---|---|
| Established procedural event | Valid personal service of the qualifying written request for admission | 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?
- Proper subject matter
- The request addresses the identified documents, photographs or facts reasonably believed not substantially disputed at trial and within knowledge or reasonable inquiry. Timing does not validate the requested subject.
- Statutory service window
- The request may follow answer service or expiry of twenty days from summons service, whichever is sooner, and must be served no later than twenty days before trial. Establish that separate window.
- Sworn and particularized response
- Section 3123(a) calls for the specified sworn denial, inability statement or qualified response. A generic unsworn objection is not treated here as the required statement.
- Deemed admissions and relief
- Proper unanswered matters may be deemed admitted. Section 3123(b) limits the admission to the pending action and permits court-authorized amendment or withdrawal on just terms. No automatic withdrawal is assumed.
- Method and further time
- Section 3123(a) permits further time the court allows. CPLR 2103 method additions require their actual conditions. This preset uses personal service and no granted further period.
- 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.
- A proper CPLR 3123 admission request personally served within its established statutory window only. Invalid subjects, unsupported methods, a granted further period 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 3123(a)-(c)
When must a sworn response to a New York notice to admit be served?
Will silence always decide my case?
Section 3123 addresses qualifying requested matters and deemed admissions in the pending action. This date does not establish that every requested subject was proper.
CPLR 3123(a)-(c)May I simply state that I cannot answer?
The statute requires a sworn statement setting out detailed reasons or the identified qualified response. Check the specific content rather than relying on a generic refusal.
CPLR 3123(a)-(c)Can a deemed admission be withdrawn automatically?
No. Section 3123(b) permits the court to allow amendment or withdrawal on just terms. A calendar result grants no such relief.
CPLR 3123(a)-(c)Official New York procedural, counting and filing sources
Provisions used (8)
| Provision | Purpose |
|---|---|
| CPLR 3123(a)-(c) | The particular actor, event, period and required act |
| CPLR 2103 | Method and further time |
| 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 | Method and further time |
| 22 NYCRR 202.5-b(d), (f), (h), (i) | Electronic filing and participating-party service events; initial service remains separate |