Summons served — substitute service (§308(2)–(5), §§313–315)
Triggering event: Summons served — substitute service (§308(2)–(5), §§313–315). 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 |
|---|---|---|---|
| Appearance / Answer due | 30 calendar days after the triggering event | CPLR 320(a) ↗ Article 3 — Jurisdiction and Service | Service via §308(2)–(5), §§313–315, or on a state official; 30 days after service is complete. |
Worked example: summons served — substitute service (§308(2)–(5), §§313–315) on Tuesday, September 15, 2026
If summons served — substitute service (§308(2)–(5), §§313–315) 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) |
|---|---|---|---|
| Appearance / Answer due | Thursday, October 15, 2026 | Tuesday, October 20, 2026 | Monday, October 19, 2026 |
Appearance / Answer due
30 calendar days after summons served — substitute service (§308(2)–(5), §§313–315). Service via §308(2)–(5), §§313–315, or on a state official; 30 days after service is complete. Governing rule: CPLR 320(a) (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 summons served — substitute service (§308(2)–(5), §§313–315) is the appearance / answer 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.