New York / Pleadings
New York reply to counterclaim deadline
In New York, a reply to a counterclaim is generally due within 20 days after service of the answer containing it (CPLR 3011, 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
CPLR 3011 requires a reply only to a counterclaim that is denominated as such. When one is required, CPLR 3012(a) sets the period at 20 days after service of the pleading to which it responds. A cross-claim answer runs on the same 20-day clock.
Service by mail within New York adds 5 days under CPLR 2103(b)(2) (6 if mailed from outside the state); electronic service through NYSCEF adds nothing. A deadline landing on a weekend or court holiday rolls to the next business day.
- Only if it is denominated a counterclaim CPLR 3011 requires a reply to a counterclaim denominated as such. If the pleading does not denominate it, no reply is required and the allegations are deemed denied.
- Served by mail? Add 5 days under CPLR 2103(b)(2), or 6 if the answer was mailed from outside New York.
Questions
- How long do I have to reply to a counterclaim in New York?
- 20 days after service of the answer containing the counterclaim, under CPLR 3011 and 3012(a), plus 5 days if it was served by mail within New York.
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