CPLR 403 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 402 Pleadings up ARTICLE 4 Special Proceedings next SECTION 404 Objections in point of law Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 403 Notice of petition; service; order to show cause Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 4 § 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.