New York discovery deadlines: twenty days, almost everywhere

New York uses one number for written discovery, and it is shorter than anywhere else this site covers. Practitioners arriving from a 30-day system routinely lose the objection window before noticing it.

Twenty days, three times

Interrogatories — CPLR 3133(a): "Within twenty days after service of interrogatories, the party upon whom they are served shall serve upon each of the parties a copy of the answer to each interrogatory, except one to which the party objects."

Objecting to a document demand — CPLR 3122(a)(1): "Within twenty days of service of a notice or subpoena duces tecum under rule 3120 or section 3121, the party or person to whom the notice or subpoena is directed, if that party or person objects," serves a response stating with reasonable particularity the reasons for each objection.

The production date itself — CPLR 3120(2): the notice or subpoena duces tecum "shall specify the time, which shall be not less than twenty days after service of the notice or subpoena, and the place and manner of making the inspection, copy, test or photograph."

So a document demand sets its own compliance date at least 20 days out, and the recipient has 20 days to object.

Objecting is what preserves everything

CPLR 3122(a) is the pivotal provision. Where a party objects within the 20 days, the burden shifts — CPLR 3122(b) requires the party seeking disclosure to move to compel, rather than the objecting party having to move for protection.

A response that fails to object within 20 days puts the objecting party in the position of having to justify non-production later, which is a materially worse posture.

CPLR 3122(c) addresses the manner of production — documents produced for inspection "shall be produced as they are kept in the regular course of business or shall be organized and labeled to correspond to the categories in the request."

CPLR 3122-a governs certification of business records produced under a subpoena duces tecum.

The notice to admit — and its two-sided deadline

CPLR 3123(a):

At any time after service of the answer or after the expiration of twenty days from service of the summons, whichever is sooner, and not later than twenty days before the trial, a party may serve upon any other party a written request for admission …

Two bounds, both 20 days: a floor at the start of the case and a ceiling before trial.

The consequence follows the automatic-admission model — each matter is deemed admitted unless the party served responds within the period the section provides, which the same subdivision sets by reference.

CPLR 3123(c) supplies the cost consequence of an unreasonable refusal to admit: if a party fails to admit and the requesting party later proves the matter, the court shall order payment of the reasonable expenses of making that proof, including reasonable attorney's fees, unless the refusal was reasonable or there was other good reason.

Interrogatories are limited by device, not by number

CPLR 3130 imposes New York's distinctive restriction: in most actions, a party may serve either interrogatories or demand a bill of particulars — but not both — and in a personal injury, wrongful-death or property-damage action arising from negligence, a party may not serve interrogatories on a party who has been deposed, or depose a party who has been served with interrogatories, except by court order.

CPLR 3131 sets the permissible scope, and CPLR 3132 governs service — interrogatories may be served on any party without leave of court, after commencement of the action.

That election between interrogatories and a bill of particulars has no analogue in the other systems this site covers, and it is the first strategic decision in New York written discovery.

Scope, and where the real limits sit

CPLR 3101(a): "There shall be full disclosure of all matter material and necessary in the prosecution or defense of an action, regardless of the burden of proof."

That is a broader formulation than the federal relevance-and-proportionality standard, and New York courts construe it liberally. The practical limits come from CPLR 3101(b) (privileged matter), 3101(c) (attorney work product), 3101(d) (trial preparation materials and expert disclosure), and CPLR 3103's protective orders.

The guide on New York discovery sanctions covers CPLR 3124 and 3126, and the important point there is the threshold: CPLR 3126 requires a refusal to obey an order or a wilful failure to disclose. Lateness alone doesn't reach it.

How New York compares

A short checklist

1. Calendar 20 days, not 30. This is the most common imported error in New York practice.
2. Object within the 20 days — CPLR 3122(a) shifts the motion burden to the other side if you do.
3. Add CPLR 2103(b)(2)'s five days if the demand arrived by mail within the state, six if from outside it.
4. Choose between interrogatories and a bill of particulars before serving either — CPLR 3130 makes it an election.
5. Watch the notice-to-admit window at both ends: not before the answer or 20 days from the summons, and not later than 20 days before trial.
6. Produce as kept in the regular course of business, or labelled to the categories — CPLR 3122(c).

Where these rules live

• CPLR 2103 — Service of Papers
• CPLR 3101 — Scope of Disclosure
• CPLR 3103 — Protective Orders
• CPLR 3120 — Discovery and Production of Documents
• CPLR 3122 — Objection to Disclosure
• CPLR 3123 — Admissions
• CPLR 3124 — Failure to Disclose; Motion to Compel
• CPLR 3126 — Penalties for Refusal to Comply
• CPLR 3130 — Use of Interrogatories
• CPLR 3132 — Service of Interrogatories
• CPLR 3133 — Service of Answers or Objections

The Uniform Rules for the trial courts and individual part rules add conference and motion requirements on top of the CPLR. This page explains what the CPLR says. It isn't legal advice.