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.
- Period
- 10 days
- Trigger
- Valid service of the note of issue and certificate of readiness
- Rule
- 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?
- 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.
- Exclude the established event day and count every intermediate calendar day under GCL 20.
- 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 exclusionWhat 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.
| Step | What is counted | Date |
|---|---|---|
| Established procedural event | Valid service of the note of issue and certificate of readiness | September 1, 2026 |
| Disclosed statutory component | 10 days | Friday, 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.
Try these dates in the calculatorWhich 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.
- 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)
| Provision | Purpose |
|---|---|
| 22 NYCRR 202.21(a) | The particular actor, event, period and required act |
| CPLR 4102 | Jury choice |
| 22 NYCRR 202.5-b(d), (f), (h), (i) | Branch-specific service or filing completion |
| CPLR 2103, party-paper service and specified method additions | Branch-specific service or filing completion |
| General Construction Law 20, event-day exclusion | Event-day exclusion |
| General Construction Law 30, corresponding calendar month | Corresponding month day and shorter-month end |
| General Construction Law 58, statutory year | Statutory year and leap-year treatment |
| General Construction Law 24, public holidays | Statutory public holidays |
| General Construction Law 25-a, closed final day | Closed final statutory day |
| Election Law 8-100(1)(c), general election day | General election day |