Note of Issue served
Triggering event: Note of Issue served. 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 |
|---|---|---|---|
| Filing of Note of Issue | 10 calendar days after the triggering event | CPLR 3402(a) ↗ Article 34 — Calendar Practice; Trial Preferences | Within 10 days after service. |
Worked example: note of Issue served on Tuesday, September 15, 2026
If note of Issue 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) |
|---|---|---|---|
| Filing of Note of Issue | Friday, September 25, 2026 | Wednesday, September 30, 2026 | Monday, September 28, 2026 |
Filing of Note of Issue
10 calendar days after note of Issue served. Within 10 days after service. Governing rule: CPLR 3402(a) (Article 34, Calendar Practice; Trial Preferences).
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 note of Issue served is the filing of note of issue in New York?
What if the deadline falls on a weekend or holiday?
Can the court extend this deadline?
Other deadlines under Article 34 (Calendar Practice; Trial Preferences)
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.