New York / Discovery
New York notice to admit response deadline
In New York, each matter in a notice to admit is deemed admitted unless a sworn denial or objection is served within 20 days (CPLR 3123(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 3123(a), the matters set out in a notice to admit are deemed admitted unless, within 20 days after service, the responding party serves a sworn statement denying the matters or setting forth in detail the reasons it can neither truthfully admit nor deny, or serves objections. The admission takes effect without any motion or court order.
Service by mail within New York adds 5 days under CPLR 2103(b)(2). A deadline landing on a weekend or court holiday rolls to the next business day.
- Admission is automatic No motion is required for the matters to be admitted; silence past the deadline is enough.
- Served by mail? Add 5 days under CPLR 2103(b)(2) by selecting "Service by mail" above.
Questions
- What happens if I miss the deadline to respond to a notice to admit in New York?
- Each matter in the notice is deemed admitted under CPLR 3123(a). Respond within 20 days (plus 5 for mail service within New York) to avoid automatic admissions.