New York / Pleadings
New York answer to complaint deadline
In New York, a defendant served by personal delivery generally has 20 days to serve an answer; for any other method of service the period is 30 days (CPLR 3012(a)).
Estimates based on standard New York rules and court-holiday closures. For use by licensed attorneys only. This calculator is for informational purposes, is not legal advice, and does not create an attorney-client relationship. Verify every deadline and citation against the applicable rules and court orders before relying on it. See our Terms.
How the deadline works
Under CPLR 3012(a), a defendant who is served with the summons and complaint by personal delivery within New York must serve an answer within 20 days after service. When service is made by any other method (for example, delivery to a person of suitable age and discretion plus mailing, or service on the Secretary of State), the period is 30 days after service is complete. Tick the box above if you were served by any other method and the calculator switches to the 30-day period.
A motion to dismiss under CPLR 3211 made before answering extends the time to answer. The count follows the general rule that the day of the triggering event is excluded, and a deadline landing on a weekend or court holiday is extended to the next business day.
- Served by a method other than personal delivery? The period is 30 days, not 20 (CPLR 3012(a)); that includes "deliver and mail" service, service on the Secretary of State, and out-of-state service under CPLR 313–315. Tick the 30-day box above and the calculator uses it.
- Filing a CPLR 3211 motion to dismiss? Making the motion before your time to answer expires extends the time to answer until shortly after the motion is decided.
Questions
- How long do I have to answer a complaint in New York?
- Generally 20 days if you were served by personal delivery within New York, or 30 days for other methods of service, under CPLR 3012(a).