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United States · New York civil procedure

When must a served note of issue be filed with the county clerk?

Rule 202.21(a) requires county-clerk filing within ten days after service of the note of issue, with the readiness certificate and service proof.

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Period
10 days
Trigger
Valid service of the note of issue and certificate of readiness
Rule
22 NYCRR 202.21(a)
22 NYCRR 202.21(a)

Current official court provision retained as a bounded extract. Reviewed. A revision label is not an inferred effective date.

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Which event starts the 22 NYCRR 202.21(a) requirement?

Confirm readiness and valid service of the note of issue and certificate on every party.

Use the completed service event. A draft, intended mailing or certificate prepared before service does not establish that event.

Responsible actor. The party placing the ready case on the trial calendar. The ordinary Rule 202.21(a) filing step after valid service on all parties in a ready Supreme or County Court case.

22 NYCRR 202.21(a)

How is the stated statutory period counted?

  1. Confirm readiness and valid service of the note of issue and certificate on every party.
  2. Use the completed service event. A draft, intended mailing or certificate prepared before service does not establish that event.
  3. Exclude the established event day and count every intermediate calendar day under GCL 20.
  4. File the required original, copies and proof with the county clerk, pay the required fee or establish its waiver, and provide the trial clerk’s required duplicate original.

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.

General Construction Law 20, event-day exclusion

What does the independently derived example establish?

Fictitious example

The ordinary Rule 202.21(a) filing step after valid service on all parties in a ready Supreme or County Court case. Fictitious established facts. The ordinary Rule 202.21(a) filing step after valid service on all parties in a ready Supreme or County Court case.

Example counting steps
StepWhat is countedDate
Established procedural eventValid service of the note of issue and certificate of readinessSeptember 1, 2026
Disclosed statutory component10 daysFriday, September 11, 2026
Example resultFriday, September 11, 2026

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.

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Which facts change this requirement?

Readiness
Identify any incomplete pretrial proceeding and actual court permission under Rule 202.21(d).
Approval applications
Settlement-approval applications for an infant, incompetent or conservatee are excluded from the ordinary requirement.
Jury choice
Check the filed note’s jury demand or waiver and the separate CPLR 4102 procedure.
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.
22 NYCRR 202.21(a)
  • The ordinary Rule 202.21(a) filing step after valid service on all parties in a ready Supreme or County Court case.
  • Use only the disclosed statutory component. Establish every omitted branch separately.

Which completed acts and evidence should be retained?

Questions about 22 NYCRR 202.21(a)

When must a served note of issue be filed with the county clerk?

Is service alone enough to put the case on the calendar?

No. Rule 202.21(a) also requires the stated filings and fee or waiver.

22 NYCRR 202.21(a)

Does the ten-day period start with the trial date?

No. It starts after service of the note of issue.

22 NYCRR 202.21(a)

Can unfinished discovery be ignored?

No. The readiness certificate must be accurate. Exceptional filing needs the court’s actual permission.

22 NYCRR 202.21(a)

Official procedural, counting and completion sources

Provisions used (10)
Provisions used in this guide
ProvisionPurpose
22 NYCRR 202.21(a)The particular actor, event, period and required act
CPLR 4102Jury choice
22 NYCRR 202.5-b(d), (f), (h), (i)Branch-specific service or filing completion
CPLR 2103, party-paper service and specified method additionsBranch-specific service or filing completion
General Construction Law 20, event-day exclusionEvent-day exclusion
General Construction Law 30, corresponding calendar monthCorresponding month day and shorter-month end
General Construction Law 58, statutory yearStatutory year and leap-year treatment
General Construction Law 24, public holidaysStatutory public holidays
General Construction Law 25-a, closed final dayClosed final statutory day
Election Law 8-100(1)(c), general election dayGeneral election day
Read the official provision

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