Summons with notice served (defendant demands complaint)
Triggering event: Summons with notice served (defendant demands complaint). 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 |
|---|---|---|---|
| Complaint due (after demand) | 20 calendar days after the triggering event | CPLR 3012(b) ↗ Article 30 — Remedies and Pleading | 20 days after service of the defendant's written demand for the complaint. |
Worked example: summons with notice served (defendant demands complaint) on Tuesday, September 15, 2026
If summons with notice served (defendant demands complaint) 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) |
|---|---|---|---|
| Complaint due (after demand) | Monday, October 5, 2026 | Tuesday, October 13, 2026 | Wednesday, October 7, 2026 |
Complaint due (after demand)
20 calendar days after summons with notice served (defendant demands complaint). 20 days after service of the defendant's written demand for the complaint. Governing rule: CPLR 3012(b) (Article 30, Remedies and Pleading).
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 summons with notice served (defendant demands complaint) is the complaint due (after demand) in New York?
What if the deadline falls on a weekend or holiday?
Can the court extend this deadline?
Other deadlines under Article 30 (Remedies and Pleading)
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.