{"jurisdiction": "us-ny", "code": "cplr", "section": "408", "citation": "CPLR § 408", "heading": "Disclosure", "text": ["§ 408. Disclosure. Leave of court shall be required for disclosure except for a notice under section 3123. A notice under section 3123 may be served at any time not later than three days before the petition is noticed to be heard and the statement denying or setting forth the reasons for failing to admit or deny shall be served not later than one day before the petition is noticed to be heard, unless the court orders otherwise on motion made without notice.  This section shall not be applicable to proceedings in a surrogate's court, nor to proceedings relating to express trusts pursuant to article 77, both of which shall be governed by article 31."], "official_source": "https://www.nysenate.gov/legislation/laws/CVP/408", "from_official_api": true, "plain_english": "**Discovery requires leave of court**, except a **notice to admit under § 3123.** ★ That notice to admit may be served up to **3 days before** the hearing; the response is due **1 day before** (unless the court orders otherwise). Does **not** apply to Surrogate's Court proceedings or Article 77 express-trust proceedings (those follow Article 31).", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cplr/408", "publisher": "Elyphived LLC"}