Deposition notice served

Triggering event: Deposition notice served. Once this happens in a New York civil action, 2 deadlines start running under the CPLR. The rules are listed below with the governing section. Enter your date to get the exact due dates, adjusted for the service method and rolled off weekends and New York court holidays.

Deadline	Period	CPLR rule	Notes
Counter-deposition notice due	10 calendar days after the triggering event	CPLR 3107 ↗ Article 31 — Disclosure	Party to be examined; at least 10 days before the deposition.
Earliest deposition date (min. notice)	20 calendar days after the triggering event	CPLR 3107 ↗ Article 31 — Disclosure	At least 20 days before the deposition.

Calculate the deadline from your date

Enter the date of deposition notice served and how the paper was served. The result cites the rule and rolls weekends and NY court holidays forward.

Triggering event Date of event Service method

Worked example: deposition notice served on Tuesday, September 15, 2026

If deposition notice served happened today, here is when each deadline would fall depending on how the paper was served. Dates already account for the weekend and holiday roll.

Deadline	Personal delivery	By mail (+5 days)	NYSCEF e-service (+2 days)
Counter-deposition notice due	Friday, September 25, 2026	Wednesday, September 30, 2026	Monday, September 28, 2026
Earliest deposition date (min. notice)	Monday, October 5, 2026	Tuesday, October 13, 2026	Wednesday, October 7, 2026

Counter-deposition notice due

10 calendar days after deposition notice served. Party to be examined; at least 10 days before the deposition. Governing rule: CPLR 3107 (Article 31, Disclosure).

Earliest deposition date (min. notice)

20 calendar days after deposition notice served. At least 20 days before the deposition. Governing rule: CPLR 3107 (Article 31, Disclosure).

How the service method changes the date

The period runs from service, and the method of service can extend it. Under CPLR 2103(b), mail adds 5 calendar days, overnight courier adds 1 business day, and NYSCEF e-service adds 2 days under Uniform Rule 202.5-b(f)(2). Personal delivery adds nothing. When the last day falls on a Saturday, Sunday, or New York public holiday, the deadline rolls to the next business day (CPLR 2103(a); General Construction Law §25-a).

Frequently asked questions

How long after deposition notice served is the counter-deposition notice due in New York?

10 calendar days after deposition notice served, under CPLR 3107. Party to be examined; at least 10 days before the deposition. If the paper was served by mail, add 5 calendar days (CPLR 2103(b)(2)); by overnight courier, add 1 business day; by NYSCEF e-service, add 2 days (Uniform Rule 202.5-b(f)(2)). A deadline that lands on a weekend or New York court holiday rolls to the next business day.

How long after deposition notice served is the earliest deposition date (min. notice) in New York?

20 calendar days after deposition notice served, under CPLR 3107. At least 20 days before the deposition. If the paper was served by mail, add 5 calendar days (CPLR 2103(b)(2)); by overnight courier, add 1 business day; by NYSCEF e-service, add 2 days (Uniform Rule 202.5-b(f)(2)). A deadline that lands on a weekend or New York court holiday rolls to the next business day.

What if the deadline falls on a weekend or holiday?

It rolls forward to the next business day under CPLR 2103(a) and General Construction Law §25-a. The calculator applies the roll automatically and flags the affected row.

Can the court extend this deadline?

Usually. CPLR 2004 lets a court extend most statutory deadlines on good cause shown, but an extension is discretionary and should never be assumed before it is granted. Individual part rules may also shorten the default period.