Notice of motion served
Triggering event: Notice of motion 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 |
|---|---|---|---|
| Answering affidavits due | 6 calendar days after the triggering event | CPLR 2214(b) ↗ Article 22 — Stay, Motions, Orders and Mandates | Answering affidavits served at least 2 days before the hearing (≈ trigger + 6 on the 8-day track). |
| Earliest hearing date (min. notice) | 8 calendar days after the triggering event | CPLR 2214(b) ↗ Article 22 — Stay, Motions, Orders and Mandates | Notice of motion must be served at least 8 days before the hearing. |
Worked example: notice of motion served on Tuesday, September 15, 2026
If notice of motion 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) |
|---|---|---|---|
| Answering affidavits due | Monday, September 21, 2026 | Monday, September 28, 2026 | Wednesday, September 23, 2026 |
| Earliest hearing date (min. notice) | Wednesday, September 23, 2026 | Monday, September 28, 2026 | Friday, September 25, 2026 |
Answering affidavits due
6 calendar days after notice of motion served. Answering affidavits served at least 2 days before the hearing (≈ trigger + 6 on the 8-day track). Governing rule: CPLR 2214(b) (Article 22, Stay, Motions, Orders and Mandates).
Earliest hearing date (min. notice)
8 calendar days after notice of motion served. Notice of motion must be served at least 8 days before the hearing. Governing rule: CPLR 2214(b) (Article 22, Stay, Motions, Orders and Mandates).
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 notice of motion served is the answering affidavits due in New York?
How long after notice of motion served is the earliest hearing date (min. notice) in New York?
What if the deadline falls on a weekend or holiday?
Can the court extend this deadline?
Other deadlines under Article 22 (Stay, Motions, Orders and Mandates)
Browse every CPLR deadline by triggering event →
Individual part rules and the Uniform Civil Rules (22 N.Y.C.R.R. Part 202) often impose deadlines shorter than the CPLR default. Check the assigned judge’s part rules before relying on a statutory period.