(a) Except in appropriation actions, the defendant shall serve an answer to each claim; the defendant may include a counterclaim in its answer, in which case the claimant shall serve a reply. Except as extended by CPLR 3211(f), service of all responsive pleadings shall be made within 40 days of service of the pleading to which it responds. The original and two copies of each responsive pleading, together with proof of service, shall be filed with the clerk within 10 days of such service.
(b) Pleadings may be amended in the manner provided by CPLR 3025, except that a party may amend a pleading once without leave of court within 40 days after its service, or at any time before the period for responding to it expires, or within 40 days after service of a pleading responding to it. Where a response to an amended or supplemental pleading is required, it shall be made within 40 days after service of the amended or supplemental pleading to which it responds. The original and two copies of each amended or supplemental pleading or response thereto, together with proof of service, shall be filed with the clerk within 10 days of such service.
(c) Stipulations between parties extending the time limits herein shall be executed prior to the expiration of such time limits, and shall be filed with the clerk within 10 days thereafter.
Historical Note
Sec. filed Jan. 9, 1986; amd. filed Feb. 27, 1992 eff. July 1, 1992. Added (c).
Amended (b) on Jun. 26, 2012