United States · New York civil procedure
When are New York reply affidavits due after a proper demand?
A qualifying CPLR 2214(b) sixteen-day demand requires reply or responding affidavits at least one calendar day before return. This is not a one-business-day count.
- Period
- 1 calendar days backward
- Trigger
- Actual return date and time under the 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?
Confirm the original motion was served with the qualified sixteen-day notice and demand. This statutory one-day reply requirement belongs to that branch.
Preserve the actual return date, return time and any separate reply direction. Do not count from service of the opposition papers.
Responsible actor. The party serving reply or responding affidavits in the qualified demand branch. The one-calendar-day reply branch after independently verified sixteen-day notice and demand. Personal service and actual open-day return, without a different order or unsupported method.
CPLR 2214(b)How is this return-based requirement counted?
- Confirm the original motion was served with the qualified sixteen-day notice and demand. This statutory one-day reply requirement belongs to that branch.
- Preserve the actual return date, return time and any separate reply direction. Do not count from service of the opposition papers.
- Exclude the actual return day and count 1 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 reply or responding affidavits by the selected statutory boundary and furnish required court papers. A rolled return-day date does not excuse the actual hour or a different order.
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
The one-calendar-day reply branch after independently verified sixteen-day notice and demand. Personal service and actual open-day return, without a different order or unsupported method. Fictitious established event on the input date. The one-calendar-day reply branch after independently verified sixteen-day notice and demand. Personal service and actual open-day return, without a different order or unsupported method.
| Step | What is counted | Date |
|---|---|---|
| Established procedural event | Actual return date and time under the qualifying sixteen-day demand | September 16, 2026 |
| Disclosed statutory component | 1 calendar days backward | Tuesday, September 15, 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?
- Calendar day, not business day
- General Construction Law 20 does not exclude intermediate closed days from a one-day period. Its closed-intervening-day exception is exact two days only.
- Closed final statutory day
- General Construction Law 25-a permits the next succeeding business day, including statutory backward periods. A rolled date may be the return date. Establish the actual hour and court directions.
- Without qualified demand
- CPLR 2214(b) does not provide this same fixed one-day reply branch without the qualifying demand. Obtain the actual court or part schedule instead.
- Orders to show cause
- A show-cause order specifies its own time and manner. Do not substitute this ordinary noticed-motion preset.
- 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.
- The one-calendar-day reply branch after independently verified sixteen-day notice and demand. Personal service and actual open-day return, without a different order or unsupported method.
- 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 New York reply affidavits due after a proper demand?
Do I subtract one business day from a Monday hearing?
No. Subtract one calendar day first, then apply the statutory final-day rule. This differs from silently walking back to Friday.
General Construction Law 20Do I count from the day the opposition arrived?
No. This selected requirement runs backward from the actual return time in the qualified notice-and-demand branch.
CPLR 2214(b)Is the same reply deadline guaranteed without a sixteen-day demand?
No. Establish the actual applicable reply schedule rather than applying this qualified branch.
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 |
| General Construction Law 20 | The individually identified statutory, judicial, counting, service or filing qualification |
| General Construction Law 25-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 |