United States · New York civil procedure
When is a New York answer due after personal service?
CPLR 3012(a) ordinarily gives 20 days after complaint service to serve the answer. This preset covers personal service and excludes the separate thirty-day branches.
- Period
- 20 calendar days
- Trigger
- Personal service of the complaint that requires this answer
- Rule
- CPLR 3012(a)
Current official section, website revision from 2022-05-13, reviewed. The revision label is not an inferred effective date.
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Which event starts the CPLR 3012(a) period?
Establish personal service of the complaint and whether the summons accompanied it. Preserve the actual service event rather than the filing or drafting date.
Compare CPLR 3012(c) and any timely dismissal motion or agreed extension before using this twenty-day branch.
Responsible actor. The defendant required to answer the personally served complaint. The personally served complaint-answer branch only. No CPLR 3012(c) thirty-day method, service addition, timely motion, extension or different order is assumed.
CPLR 3012(a)How is this service or filing period counted?
- Establish personal service of the complaint and whether the summons accompanied it. Preserve the actual service event rather than the filing or drafting date.
- Compare CPLR 3012(c) and any timely dismissal motion or agreed extension before using this twenty-day branch.
- Exclude the established trigger day and count 20 calendar days forward. 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 answer on the parties entitled to receive it, including a party who appeared after the triggering pleading as required by section 3012(a). Complete required filing separately.
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 personally served complaint-answer branch only. No CPLR 3012(c) thirty-day method, service addition, timely motion, extension or different order is assumed. Fictitious established event on the input date. The personally served complaint-answer branch only. No CPLR 3012(c) thirty-day method, service addition, timely motion, extension or different order is assumed.
| Step | What is counted | Date |
|---|---|---|
| Established procedural event | Personal service of the complaint that requires this answer | September 1, 2026 |
| Disclosed statutory component | 20 calendar days | Monday, September 21, 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?
- Thirty-day joint-service branches
- When summons and complaint are served together through the listed section 3012(c) methods, the answer uses thirty days after completed service. This personal-service preset does not establish that completion date.
- Mail is a trigger-method issue
- CPLR 2103 adds five days for qualifying in-state mail, six for qualifying mail from outside New York within the United States, or one business day for overnight delivery where the response period runs from service. Choosing to mail your answer does not add days to your own deadline.
- Timely dismissal motion
- A qualifying CPLR 3211 notice of motion served before the responsive pleading extends the time under subdivision (f). Use the actual later notice-of-entry event, not a guessed decision date.
- Other responsive pleadings
- Section 3012(a) also governs other responsive pleadings, with its stated counterclaim and cross-claim distinctions. This preset calculates the selected complaint-answer branch, not every pleading deadline.
- 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 personally served complaint-answer branch only. No CPLR 3012(c) thirty-day method, service addition, timely motion, extension or different order is assumed.
- 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 3012(a)
When is a New York answer due after personal service?
Do I get five more days by mailing my answer?
No. The response-clock addition concerns the method used to serve the triggering paper, where CPLR 2103 applies. Your outgoing answer method is a separate completion requirement.
CPLR 2103(b)(2)Does every New York summons require an answer within twenty days?
No. Section 3012(c) lists joint summons-and-complaint methods with thirty days after completed service.
CPLR 3012(c)Does a timely CPLR 3211 motion change the answer deadline?
A qualifying motion served before the responsive pleading invokes section 3211(f), which uses ten days after service of notice of entry of the order.
CPLR 3211(f)Official New York procedural, counting and filing sources
Provisions used (12)
| Provision | Purpose |
|---|---|
| CPLR 3012(a) | The particular actor, event, period and required act |
| CPLR 2103(b)(2), (6) | The individually identified statutory, judicial, counting, service or filing qualification |
| CPLR 3211(f) | The individually identified statutory, judicial, counting, service or filing qualification |
| CPLR 2103(b)(2) | 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 |