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New York Matrimonial Action Timetable

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By Law Offices of Joel R. Brandes, P.C.

Published:  July 17, 2004

Serve Summons or Summons and Complaint

  • Within 120 days from filing with County Clerk.

File Proof of Service of Summons Or Summons and Complaint

  • Within 120 days from filing of Summons and Complaint or Summons with Notice.

File Request for Judicial Intervention

  • 45 days from service of Summons and Complaint or Summons with Notice; 120 days from such service if both parties filed a "Certificate of No Necessity."

Action Assigned to Judge

  • After Request for Judicial Intervention is Filed.

Serve Notice of Appearance

  • Within 20 days after personal service of summons within the state, otherwise within 30 days after service is complete.

Serve Demand for Compliant (if not served with summons)

  • Within 20 days after personal service of summons within the state; otherwise within 30 days after service is complete.

Serve Compliant

  • Within 20 days after demand or 20 days after service of Notice of Appearance.

Serve Answer/Counterclaim

  • Within 20 days from service of complaint served personally in state; otherwise within 30 days after service is complete.

Serve Reply

  • Within 20 days from service of counterclaim.

File Net Worth Statement

  • 10 days prior to Preliminary Conference.

File Net Worth Statement

  • within 20 days after demand; or if not demanded, within 10 days of answer served (joinder of issue).

Preliminary Conference

  • 30 days after action is assigned to a judge.

File list of Suitable Law Guardians

  • Within 20 days from Preliminary Conference.

File list of Expert (Neutral) Witnesses

  • Within 20 days from Preliminary Conference.

Serve and file Note of Issue

  • Any time after answer served ( issue joined) or subsequent to 40 days from service of summons. Must be filed within 10 days after it is served.

Serve Jury Demand

  • With Note of Issue or within 15 days after service and filing of Note of Issue by adversary.

File Statement of Proposed Disposition with Proof of Service

  • With Note of Issue or within 20 days after it is served on you.

File Written Report from Expert Witness

  • No later than 60 days before date set for Trial.

File Reply Report from Expert Witness

  • No later than 30 days before date set for Trial.

Submit Proposed Judgment with Notice of Settlement

  • Within 60 days of decision directing settlement or submission.
Last modified:  January 16, 2005 - 11:34 AM


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