Under CPLR 2214(b), the notice of motion timing in New York state court runs on two tracks. The default requires serving the notice of motion and supporting papers at least eight days before the hearing, with answering papers due two days before. If the moving party serves at least sixteen days before the hearing and demands the longer response window in the notice of motion, opposition papers are due at least seven days before the hearing and reply papers at least one day before. Which track applies is not the moving party’s choice after the fact — it depends on both timely early service and the demand language in the notice itself.1New York State Senate. New York Civil Practice Law and Rules Law R2214 – Motion Papers; Service; Time
The Eight-Day Default
The baseline rule is short. Serve the notice of motion and all supporting affidavits at least eight days before the return date. The opposing party then has until two days before the hearing to serve answering affidavits. There is no built-in reply deadline on this track.2NYCOURTS.GOV. CPLR 2214 – Rule 2214 Motion Papers; Service; Time
Two days is tight. Practitioners who assume every opposition gets a week to respond are working from the sixteen-day track without realizing it. On the eight-day default, the person opposing the motion has almost no runway, and the moving party has no guaranteed chance to reply at all.
The Sixteen-Day Demand Track
The longer deadlines that most litigators think of as standard are conditional. They apply only when the moving party does two things: serves the notice of motion at least sixteen days before the hearing, and expressly demands the extended response period in the notice. When both boxes are checked, answering affidavits and any cross-motion are due at least seven days before the hearing, and the moving party’s reply is due at least one day before.1New York State Senate. New York Civil Practice Law and Rules Law R2214 – Motion Papers; Service; Time
Serving sixteen days out is not enough on its own. Without the demand language in the notice of motion, the deadlines revert to the eight-day defaults, meaning your opponent still only owes you papers two days before the hearing and you have no guaranteed reply window. The demand is what unlocks the longer schedule for everyone.
Most practitioners choose this track when they can. It gives the opposing party enough time to prepare a real opposition, and it guarantees the moving party a reply. It also accommodates cross-motions, which are difficult to draft on a two-day turnaround.
Add Days When You Serve by Mail
The numbers in CPLR 2214(b) assume personal service. If motion papers are served by mail, CPLR 2103 adds days to every deadline that runs from service. Mailing from within New York adds five days. Mailing from elsewhere in the United States adds six days.3New York State Senate. New York Civil Practice Law and Rules 2103 – Service of Papers
The compounding is where mistakes happen. A moving party using the sixteen-day track and serving by in-state mail actually needs to put the papers in the mail at least twenty-one days before the return date. Count backward from the hearing, add the mailing buffer first, then apply the eight- or sixteen-day requirement. Miscounting by a day can put a motion outside the statutory window.
Cross-Motions Run on the Same Clock
A cross-motion follows the deadline for answering papers. On the sixteen-day track, the opposing party may serve a cross-motion, with all supporting affidavits, at least seven days before the hearing. Supporting papers travel with the cross-motion at the time of service, not later.1New York State Senate. New York Civil Practice Law and Rules Law R2214 – Motion Papers; Service; Time
On the eight-day default, a cross-motion faces the same two-day deadline as opposition papers, which is rarely workable. That constraint is one of the practical reasons the sixteen-day track dominates in cases where a cross-motion is likely.
What the Notice of Motion Has to Say
CPLR 2214(a) sets the content requirements. The notice must specify the time and place of the hearing, identify the supporting papers by name, state the relief sought, and set out the grounds for that relief. A party can request alternative or multiple forms of relief in a single motion.2NYCOURTS.GOV. CPLR 2214 – Rule 2214 Motion Papers; Service; Time
Two things belong in the notice for timing purposes. The return date, which anchors every deadline. And, if you want the longer response schedule, the express demand for seven-day answering papers under the sixteen-day track. Leaving out the demand is the single most common way parties think they are on the extended track when they are not.
Identifying the supporting papers is not a formality either. An affidavit or exhibit not listed in the notice can be disregarded, so the practical habit is to name every document the motion relies on.
What Happens If You Miss a Deadline
CPLR 2214(c) states the consequence directly: only papers served in compliance with the rule will be read by the court in support of or opposition to the motion, unless the court directs otherwise for good cause.1New York State Senate. New York Civil Practice Law and Rules Law R2214 – Motion Papers; Service; Time
For the moving party, late service of the notice of motion can mean the motion is denied without the court reaching the merits. For the opposing party, late answering papers can result in the motion being decided on the moving party’s submissions alone. A cross-motion served after the deadline can be disregarded while the original motion moves forward.
The good-cause exception exists. Judges do sometimes accept late papers when the delay is small, the reason is legitimate, and the other side is not prejudiced. It is a safety valve, not a plan.
Asking for More Time
When a deadline cannot be met, CPLR 2004 gives the court broad authority to extend it on a showing of good cause, whether the request is made before or after the deadline has passed.4New York State Senate. New York Civil Practice Law and Rules Law 2004 – Extensions of Time Generally
In practice, many adjournments happen by stipulation between the parties, and courts routinely honor them. A contested request is harder. Expect to explain why the deadline was missed, show the delay was not the product of neglect, and address whether the other side is prejudiced. Raising the problem at the hearing itself, rather than in advance, tends to go badly even when the underlying motion is strong.