When may a party demand a jury after receiving a nonjury note?

Retain the filed note of issue and proof of personal service. Confirm that it contains no jury demand.

Identify the issues triable by jury as of right and any local rule recognized by subdivision (d).

Responsible actor. The party served with the filed note of issue and seeking trial of issues triable by jury as of right. CPLR 4102(a)’s fifteen-day branch, with a filed note of issue and issues triable by jury as of right. Check actual applicable local rules.

1. Retain the filed note of issue and proof of personal service. Confirm that it contains no jury demand.
2. Identify the issues triable by jury as of right and any local rule recognized by subdivision (d).
3. Exclude the established event day and count every intermediate calendar day under GCL 20.
4. Serve the jury demand upon every party and file it in the office where the note of issue was filed. A demand is not accepted without a filed note of issue.

GCL 20 excludes the established event day. These five-, ten-, fifteen-, twenty-, twenty-one-, thirty-, sixty- and ninety-day periods count intermediate calendar days. GCL 30 uses the corresponding calendar-month day, or the final day of a shorter month. GCL 58 defines a year as twelve months. GCL 25-a permits the next succeeding business day when the statutory final day is closed and expressly includes periods before which an act is required. The actual hearing or entry time and any different court direction remain separate checks. The independent calendar follows GCL 24 and Election Law 8-100. It includes Lincoln’s Birthday, the second Sunday in June as Flag Day, Juneteenth and general election day. GCL 24 adds the following day for a listed Sunday holiday except Flag Day. It does not generally move a Saturday holiday to Friday. Dates after 2027 are projections of the reviewed standing statute through 2033, not proof of future court openings. Check amendments, additional appointed holidays and actual closures separately.

The scoped calculators accept independently established events in 2026 and 2027 and projected final dates through 2033. They require the particular disclosed branch, no unsupported service-method addition, no unmodeled toll, no different actual court order and no additional closure. Earlier editions, historical tolls and outside dates require separate review and receive no computed or paid date. This software boundary does not establish that an act is legally late.

Fictitious example

CPLR 4102(a)’s fifteen-day branch, with a filed note of issue and issues triable by jury as of right. Check actual applicable local rules. Fictitious established facts. CPLR 4102(a)’s fifteen-day branch, with a filed note of issue and issues triable by jury as of right. Check actual applicable local rules.

Fictitious established facts. The date does not prove classification, valid service, jurisdiction, completed filing, a granted motion or an extension. Any earlier competing boundary, actual hour and future-calendar qualification still applies.

Specified issues

Subdivision (b) permits another party to demand other triable issues within ten days after service of a limited-issue demand. This is a different branch.

Waiver and consent

The statute addresses waiver, nonappearance and consent before withdrawing a demand.

Court relief

Subdivision (e) permits relief from noncompliance if no undue prejudice results. No automatic extension is assumed.

Edition and projected calendar

The scoped calculators accept independently established events in 2026 and 2027 and projected final dates through 2033. They require the particular disclosed branch, no unsupported service-method addition, no unmodeled toll, no different actual court order and no additional closure. Earlier editions, historical tolls and outside dates require separate review and receive no computed or paid date. This software boundary does not establish that an act is legally late.

• CPLR 4102(a)’s fifteen-day branch, with a filed note of issue and issues triable by jury as of right. Check actual applicable local rules.
• Use only the disclosed statutory component. Establish every omitted branch separately.

• Retain the filed note of issue and proof of personal service. Confirm that it contains no jury demand.
• Identify the issues triable by jury as of right and any local rule recognized by subdivision (d).
• Serve the jury demand upon every party and file it in the office where the note of issue was filed. A demand is not accepted without a filed note of issue.
• Subdivision (b) permits another party to demand other triable issues within ten days after service of a limited-issue demand. This is a different branch.
• The statute addresses waiver, nonappearance and consent before withdrawing a demand.
• Subdivision (e) permits relief from noncompliance if no undue prejudice results. No automatic extension is assumed.
• In the applicable Supreme Court NYSCEF program, preserve recorded transmission and the required fee event under rule 202.5-b(d). Participating-party service has its own notification event under (f). Initiating filing does not itself serve the respondent. The clerk’s entry notification is not party service of notice of entry under (h)(2). Check actual paper receipt, exemptions, emergency procedure and qualifying technical-failure directions separately.