{"jurisdiction": "us-ny", "code": "cplr", "section": "403", "citation": "CPLR § 403", "heading": "Notice of petition; service; order to show cause", "text": ["§ 403. Notice of petition; service; order to show cause. (a) Notice of petition. A notice of petition shall specify the time and place of the hearing on the petition and the supporting affidavits, if any, accompanying the petition.", "(b) Time for service of notice of petition and answer. A notice of petition, together with the petition and affidavits specified in the notice, shall be served on any adverse party at least eight days before the time at which the petition is noticed to be heard. An answer and supporting affidavits, if any, shall be served at least two days before such time. A reply, together with supporting affidavits, if any, shall be served at or before such time. An answer shall be served at least seven days before such time if a notice of petition served at least twelve days before such time so demands; whereupon any reply shall be served at least one day before such time.", "(c) Manner of service. A notice of petition shall be served in the same manner as a summons in an action.", "(d) Order to show cause. The court may grant an order to show cause to be served, in lieu of a notice of petition at a time and in a manner specified therein."], "official_source": "https://www.nysenate.gov/legislation/laws/CVP/403", "from_official_api": true, "plain_english": "This is the most-tested section in the article — memorize the day counts.\n\n- **(a)** A **notice of petition** states the **time and place of the hearing** and lists the supporting affidavits.\n- **(b) The service clock:** ★\n  - Notice of petition (with petition + affidavits) → served on the adverse party **at least 8 days before** the hearing. ★\n  - Answer (with affidavits) → served **at least 2 days before** the hearing. ★\n  - Reply → served **at or before** the hearing time.\n  - **Faster demand variant:** if the notice of petition is served **at least 12 days before**, it may demand the answer **at least 7 days before**; then the reply is due **at least 1 day before.** ★\n- **(c) Manner:** the notice of petition is served the **same way as a summons.** ★\n- **(d) Order to show cause:** the court may issue an **order to show cause** instead of a notice of petition, served at the time and manner it specifies.", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cplr/403", "publisher": "Elyphived LLC"}