United States · New York civil procedure
When must a defendant serve an answer under the thirty-day completion-based route?
CPLR 3012(c) gives thirty days after service is complete where the complaint accompanies the summons and a listed service route applies. The actual method and legal completion event control. A summons without a complaint and an actual extension or qualifying motion require separate analysis.
- Period
- Thirty days after completion for the applicable CPLR 3012(c) route
- Trigger
- Established legal completion of qualifying simultaneous summons-and-complaint service
- Rule
- CPLR 3012(b)–(d), complaint, answer and extension
Official current New York Senate statutory text and revision metadata were accessed through web extraction October 8, 2026. Previously retained October 7 statutory originals remain immutable. Direct HTTP reacquisition attempts failed; the new retained web extracts are identified as extracted text, not original HTML. The current official Part 202 page and relevant pinpoints were separately extracted. Revision labels identify the website’s version, not an inferred effective date. GML 50-i and CPLR 208-a show February 20, 2026 revisions. No actual service, order, local calendar or party-specific applicability is established.
Source guide · No automated date
Check the applicable procedure
This source guide requires simultaneous-service eligibility, the actual method and legal completion. It publishes no automatic date or paid calculation. A generic thirty-day count cannot establish those facts.
CPLR 3012(b)–(d), complaint, answer and extensionWhat lawyers say
5.0“The platform is really easy to use.”
Michael B.Employment litigation attorney · California
“The Evidence Record saved us time with our insurance on bankruptcy matters.”
MariaBankruptcy and commercial attorney · London, UK
“The most up-to-date service we could find.”
Li ChenArbitration practitioner · Singapore
When must a defendant serve an answer under the thirty-day completion-based route?
CPLR 3012(c) gives thirty days after service is complete where the complaint accompanies the summons and a listed service route applies. The actual method and legal completion event control. A summons without a complaint and an actual extension or qualifying motion require separate analysis.
Responsible actor. The defendant required to serve the answer.
Confirm that the complaint was served with the summons and that CPLR 3012(c) applies.
Identify the particular statutory service route and all legally required completion acts.
For CPLR 308(2) or (4), preserve the proof-filing event and required delivery or mailing facts.
Check actual extensions, qualifying motions and any later complaint sequence before selecting an answer endpoint.
This source guide requires simultaneous-service eligibility, the actual method and legal completion. It publishes no automatic date or paid calculation. A generic thirty-day count cannot establish those facts.
CPLR 3012(b)–(d), complaint, answer and extensionHow does this provision count time?
- Identify the actor, required act and governing procedural branch.
- Establish the operative event, actual service route, completion and every controlling order.
- Apply only the provision’s stated calendar model or minimum interval, with all necessary comparisons.
- Check eligibility, local requirements, completed service or filing and any separate controlling period.
General Construction Law 20 ordinarily excludes the event day and counts calendar days. Establish the legal service-completion event before counting a completion-based period. CPLR 2103 additions require their stated service and procedural conditions; do not transfer pending-action paper additions automatically to original summons service. This guide publishes explanatory scenarios only.
Check General Construction Law 25-a and the actual applicable court, public holidays, orders and procedural branch. A closed-day rule for a forward act must not be used mechanically to shorten a minimum notice interval before a hearing. This guide supplies no automatic carry or inferred hearing date.
CPLR 3012(b)–(d), complaint, answer and extensionWhich facts prevent one automatic date?
This source guide requires simultaneous-service eligibility, the actual method and legal completion. It publishes no automatic date or paid calculation. A generic thirty-day count cannot establish those facts.
Assume the complaint accompanied the summons, the CPLR 3012(c) route applies and service legally completed October 6, 2026. The thirty-day illustration reaches November 5. It measures from legal completion, not a guessed delivery date. The example concerns serving the answer, not every possible appearance act. No computed result is published.
Assume qualifying simultaneous summons-and-complaint service under CPLR 308(2), with required proof filed October 6. The ten-day completion interval reaches October 16. The thirty-day answer period then reaches November 15, a Sunday. Establish completion and applicable final-day treatment. Counting thirty days from the original delivery or proof filing would skip a statutory step.
Assume the applicable route legally completed October 16 and no different extension or motion. The ordinary thirty-day endpoint is Sunday, November 15. Under the stated ordinary forward-act assumptions the next business-day illustration is November 16. Actual service, orders and the final-day law must be established. The guide does not return a date.
Assume the defendant received a summons without a complaint and demanded the complaint October 6, 2026. CPLR 3012(b), rather than an assumed simultaneous-service thirty-day branch, addresses the complaint demand and subsequent response sequence. Preserve the demand and later complaint service. Do not choose a thirty-day answer event from the summons date alone.
Which conditions and exceptions apply?
- Simultaneous service condition
- CPLR 3012(c) concerns the complaint served with the summons by its listed routes. Do not transfer this branch to a summons-only sequence.
- Method-dependent completion
- The actual service provision supplies completion. CPLR 308(2) and (4) expressly use ten days after required proof filing.
- Actual extension or motion
- CPLR 3012(d) permits specified relief. A qualifying CPLR 3211 motion can affect the pleading sequence under subdivision (f). Actual facts and granted relief matter.
- This source guide requires simultaneous-service eligibility, the actual method and legal completion. It publishes no automatic date or paid calculation. A generic thirty-day count cannot establish those facts.
- Serving the answer is narrower than appearing. The twenty-day answer branch, completion-based thirty-day branch and summons-without-complaint sequence must remain distinct.
What must the responsible actor complete?
Questions about this procedure
When must a defendant serve an answer under the thirty-day completion-based route?
Does the thirty-day period begin when the papers are physically delivered?
Only if that is the established legal completion event for the applicable route. CPLR 3012(c) measures from completed service.
CPLR 3012(b)–(d), complaint, answer and extensionMust the complaint accompany the summons for this branch?
Yes. CPLR 3012(c) expressly addresses the complaint served with the summons. CPLR 3012(b) supplies a different summons-without-complaint sequence.
CPLR 3012(b)–(d), complaint, answer and extensionDoes proof filing matter for deliver-and-mail service?
CPLR 308(2) states completion ten days after the required proof filing. Preserve all other required service facts as well.
CPLR 308(2), (4)–(5), natural-person service and completionDoes a notice of appearance necessarily serve the answer?
No. CPLR 320 recognizes a notice of appearance as an appearance act. Serving an answer under CPLR 3012 is a distinct pleading obligation.
CPLR 320(a), (d), appearance and service completionCan a CPLR 3211 motion change time to answer?
Subdivision 3211(f) addresses an extension after service of a qualifying motion. Establish the motion and later notice-of-entry service rather than adding a generic period.
CPLR 3211(e)–(f), motion timing and extension to pleadDoes asking for an extension establish that it was granted?
No. Establish the actual agreement, order or relief. CPLR 3012(d) describes court relief and its conditions; a request alone does not prove a new endpoint.
CPLR 3012(b)–(d), complaint, answer and extensionOfficial sources and review
Provisions used (6)
| Provision | Purpose |
|---|---|
| CPLR 3012(b)–(d), complaint, answer and extension | Check the identified procedure, event, counting rule or qualification |
| CPLR 320(a), (d), appearance and service completion | Check the identified procedure, event, counting rule or qualification |
| CPLR 308(2), (4)–(5), natural-person service and completion | Check the identified procedure, event, counting rule or qualification |
| CPLR 3211(e)–(f), motion timing and extension to plead | Check the identified procedure, event, counting rule or qualification |
| General Construction Law 20, calendar-day computation | Check the identified procedure, event, counting rule or qualification |
| General Construction Law 25-a, applicable closed-day extension | Check the identified procedure, event, counting rule or qualification |