Nail-and-mail service delivered (§308(4))
Triggering event: Nail-and-mail service delivered (§308(4)). Once this happens in a New York civil action, one deadline starts running under the CPLR. The rule is listed below with the governing section. Enter your date to get the exact due date, adjusted for the service method and rolled off weekends and New York court holidays.
| Deadline | Period | CPLR rule | Notes |
|---|---|---|---|
| Proof of service filing due | 20 calendar days after the triggering event | CPLR 308(4) ↗ Article 3 — Jurisdiction and Service | File within 20 days of affixing/mailing; service complete 10 days after filing. |
Worked example: nail-and-mail service delivered (§308(4)) on Tuesday, September 15, 2026
If nail-and-mail service delivered (§308(4)) 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) |
|---|---|---|---|
| Proof of service filing due | Monday, October 5, 2026 | Tuesday, October 13, 2026 | Wednesday, October 7, 2026 |
Proof of service filing due
20 calendar days after nail-and-mail service delivered (§308(4)). File within 20 days of affixing/mailing; service complete 10 days after filing. Governing rule: CPLR 308(4) (Article 3, Jurisdiction and Service).
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 nail-and-mail service delivered (§308(4)) is the proof of service filing due in New York?
What if the deadline falls on a weekend or holiday?
Can the court extend this deadline?
Other deadlines under Article 3 (Jurisdiction and Service)
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.