A motion for trial by a referee or an advisory jury shall be made within twenty days after note of issue is filed, except where the issue to be tried arises on a motion or pursuant to a judgment.
R 4015.Time for motion for referee or advisory jury
Article 40. Trial Generally · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 4015 gives a party twenty days after the note of issue is filed to move for trial by referee or advisory jury, except when the issue being tried comes up on a motion or after judgment.
Full Text of CPLR 4015
Plain-English Summary
CPLR 4015 sets a twenty-day clock: a motion for trial by a referee, or for an advisory jury, must be made within twenty days after the note of issue is filed. The clock does not apply where the issue to be tried arises on a motion or after a judgment, since those issues surface at a different point in the case.
An advisory jury and a referee serve different functions. An advisory jury hears an issue and returns a verdict that guides, but does not bind, a judge deciding an equitable claim. A referee, by contrast, may be empowered to determine an issue outright under CPLR 4001. Both are alternatives to an ordinary trial, and requiring an early motion gives the court and the other parties time to plan around whichever format is used.
The deadline is measured from the note of issue filing under CPLR 3402, while the underlying power to appoint a referee comes from CPLR 4001.
Frequently Asked Questions
How long do I have to ask for trial by referee after filing a note of issue in New York?
CPLR 4015 gives a party twenty days after the note of issue is filed to move for trial by referee, unless the issue arises on a motion or pursuant to a judgment.
What is an advisory jury in New York civil practice?
It's a jury that hears an issue and returns a verdict that guides, but does not bind, a judge who is deciding an equitable claim.
Does the CPLR 4015 deadline apply to issues raised on a motion?
No. CPLR 4015 excepts issues that arise on a motion or pursuant to a judgment from its twenty-day filing deadline.
What's the difference between a referee trial and an advisory jury trial?
A referee may be empowered to determine an issue outright, while an advisory jury's verdict only guides the judge's decision on an equitable claim.
What happens if I miss the CPLR 4015 deadline to move for a referee or advisory jury?
CPLR 4015 sets the twenty-day period as the time for making that motion, so a late motion falls outside the deadline the rule establishes absent some other basis for relief.
Advisory Committee Notes
RCP 157 required that a motion for jury trial of specific questions pursuant to CPA § 430 (i. e., an advisory jury trial) be made within twenty days after issue is joined. The limitation in this rule also applies to a motion for a reference; under former law no time was set for such a motion. The time limitation is not applicable where a request is made for trial by referee or advisory jury of an issue arising on a motion or an issue required to be tried pursuant to interlocutory or final judgment because the fact that trial is required may become known before or long after a note of issue is filed. The court may act on its own initiative or a request of a party. See CPLR rule 4212.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: motion for referee New York deadlineadvisory jury New York civil casetwenty days after note of issue referee motiontrial by referee time limit NYadvisory jury trial request New Yorkmotion for reference deadline CPLR