United States · New York civil procedure
When are answering affidavits due after a sixteen-day demand?
CPLR 2214(b) requires answering affidavits and cross-motion papers at least seven days before return when timely sixteen-day notice includes the qualifying demand.
- Period
- 7 calendar days backward
- Trigger
- Actual return date for the motion with a qualifying sixteen-day demand
- Rule
- CPLR 2214(b)
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 2214(b) period?
Preserve the original notice, supporting papers, actual service and the express answering-paper demand. Establish at least sixteen days of valid notice independently.
Use the actual noticed return date and time. An adjournment does not prove that every original briefing condition or court direction changed.
Responsible actor. The opposing party serving answering affidavits or qualified cross-motion papers. A separately established qualifying sixteen-day notice and demand. Seven-day personal-service base, actual open-day return date, no cross-motion method addition or different court direction.
CPLR 2214(b)How is this return-based requirement counted?
- Preserve the original notice, supporting papers, actual service and the express answering-paper demand. Establish at least sixteen days of valid notice independently.
- Use the actual noticed return date and time. An adjournment does not prove that every original briefing condition or court direction changed.
- Exclude the actual return day and count 7 calendar days backward. Intermediate weekends and public holidays remain in the count. General Construction Law 25-a permits the next succeeding business day for a closed final statutory day.
- Serve the required answering affidavits and any cross-motion papers by the selected seven-day base boundary. Furnish court papers under CPLR 2214(c) and review CPLR 2215 method additions separately.
General Construction Law 20 excludes the event day. Its closed-intervening-day exception applies to an exact two-day period, not to a one-day period. Intermediate weekends and public holidays count in other calendar-day periods. Section 25-a expressly includes statutory periods before which an act is due and permits the next succeeding business day for a closed final day. Rollover can place a backward boundary on the return date; preserve the stated hour and actual court directions. Roberts, a separately identified uncorrected Supreme Court decision concerning opposition to a cross-motion, applied section 25-a to a Sunday boundary before a Monday return. It is corroboration of that final-day treatment, not a different universal briefing rule.
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. Backward presets require an actual open-day return date. 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 separately established qualifying sixteen-day notice and demand. Seven-day personal-service base, actual open-day return date, no cross-motion method addition or different court direction. Fictitious established event on the input date. A separately established qualifying sixteen-day notice and demand. Seven-day personal-service base, actual open-day return date, no cross-motion method addition or different court direction.
| Step | What is counted | Date |
|---|---|---|
| Established procedural event | Actual return date for the motion with a qualifying sixteen-day demand | September 17, 2026 |
| Disclosed statutory component | 7 calendar days backward | Thursday, September 10, 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?
- Demand and notice must both qualify
- A demand alone, or sixteen-day notice alone, does not establish this branch. Preserve the actual notice and service proof.
- Cross-motion service additions
- CPLR 2215 requires cross-motion papers three days earlier by mail or one day earlier by overnight delivery. These additions differ from CPLR 2103 forward response additions.
- Reply clock
- A qualifying demand also invokes the at-least-one-day reply or responding-affidavit requirement. Use its own question and period.
- Actual court direction
- An order to show cause or separate briefing direction requires its own review. CPLR 2214(c) permits the court to direct otherwise for good cause.
- 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. Backward presets require an actual open-day return date. 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 separately established qualifying sixteen-day notice and demand. Seven-day personal-service base, actual open-day return date, no cross-motion method addition or different court direction.
- 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 2214(b)
When are answering affidavits due after a sixteen-day demand?
Is seven days automatic whenever the motion was served sixteen days early?
No. The notice must also make the demand specified in CPLR 2214(b).
CPLR 2214(b)Can I use this date for a mailed cross-motion?
No. CPLR 2215(a) requires three days earlier service for the identified mail method. This preset is the personal-service base.
CPLR 2215(a)Does the seven-day demand also affect replies?
Yes. The qualified branch requires any reply or responding affidavits at least one day before the return time.
CPLR 2214(b)Official New York procedural, counting and filing sources
Provisions used (11)
| Provision | Purpose |
|---|---|
| CPLR 2214(b) | The particular actor, event, period and required act |
| CPLR 2215(a)-(b) | The individually identified statutory, judicial, counting, service or filing qualification |
| CPLR 2215(a) | The individually identified statutory, judicial, counting, service or filing qualification |
| General Construction Law 20, calendar days and exact two-day exception | The individually identified statutory, judicial, counting, service or filing qualification |
| General Construction Law 24, public holidays | The individually identified statutory, judicial, counting, service or filing qualification |
| General Construction Law 25-a, next succeeding business day | The individually identified statutory, judicial, counting, service or filing qualification |
| Election Law 8-100(1)(c), general election day | The individually identified statutory, judicial, counting, service or filing qualification |
| CPLR 2103, valid service and specified response additions | The individually identified statutory, judicial, counting, service or filing qualification |
| CPLR 2211, when a noticed motion is made | The individually identified statutory, judicial, counting, service or filing qualification |
| 22 NYCRR 202.5-b(d), (f), (h), (i) | The individually identified statutory, judicial, counting, service or filing qualification |
| Roberts v New York City Police Dept., 2022 NY Slip Op 33761(U), at 4 | Identified trial-court application of statutory closed final-day treatment; not a universal briefing order |