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New York / Post-judgment & appeal

New York motion for a new trial deadline

Quick answer

In New York, a post-trial motion under CPLR 4404 must be made within 15 days after the verdict, decision, or discharge of the jury (CPLR 4405).

CPLR 4405 (grounds: CPLR 4404)
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Estimates based on standard New York rules and court-holiday closures; not legal advice. Confirm against your specific case, local administrative orders, and the current rules.

How the deadline works

CPLR 4405 requires that a motion under CPLR 4404 — to set aside a verdict or a decision, or for a new trial — be made within 15 days after the decision, verdict, or discharge of the jury. The clock runs from that event itself, not from service of any paper, so no mail extension applies.

The motion must be made to the judge who presided at the trial, and a deadline landing on a weekend or court holiday rolls to the next business day.

  • Runs from the verdict, not from service Because the period runs from the decision, verdict, or discharge of the jury, the CPLR 2103(b) mail add-ons do not extend it.
  • Same judge CPLR 4405 requires the motion to be made to the judge who presided at the trial.
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Questions

How long do I have to move for a new trial in New York?
15 days after the decision, verdict, or discharge of the jury, under CPLR 4405.