(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.
§ 403.Notice of petition; service; order to show cause.
Article 4. Special Proceedings · Last amended 1989 · Last verified July 21, 2026
In one sentenceCPLR 403 governs how a special proceeding gets set for hearing — what a notice of petition must say, the minimum notice before the hearing for the petition, answer, and reply, how the notice is served, and the court's power to substitute an order to show cause.
Full Text of CPLR 403
(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.
Plain-English Summary
Every special proceeding needs a fixed date and place for its hearing, and CPLR 403(a) puts that job on the notice of petition, which must specify the time and place of the hearing along with any supporting affidavits that accompany the petition.
Subdivision (b) lays out the timetable. The notice of petition, petition, and any affidavits go to the adverse party at least eight days before the hearing. An answer and its supporting affidavits follow at least two days before the hearing, and a reply comes at or before it. A petitioner who wants the respondent's answer earlier can serve the notice of petition at least twelve days before the hearing and demand it: that pushes the answer deadline to seven days before the hearing and the reply deadline to one day before. The whole structure compresses the calendar most actions would use, which fits the special proceeding's purpose of resolving things quickly.
Subdivision (c) ties service of the notice of petition to the same manner used for a summons in an action, so the service rules a litigant already knows carry over without change. And subdivision (d) gives the court another route entirely: instead of a notice of petition, it may grant an order to show cause, served at whatever time and in whatever manner the order specifies. Courts reach for that option when a case needs a faster or more tailored schedule than the default timetable allows.
Frequently Asked Questions
How much notice do I have to give before a special proceeding hearing?
At least eight days for the notice of petition, petition, and any affidavits, at least two days for the answer and its affidavits, and at or before the hearing for a reply. Serving the notice of petition twelve or more days out and demanding an earlier answer shifts those last two deadlines to seven days and one day, respectively.
How is a notice of petition served in New York?
CPLR 403(c) requires the same manner of service used for a summons in an action.
What is an order to show cause and how does it differ from a notice of petition?
An order to show cause is a substitute the court may grant in place of a notice of petition, with the court itself setting the time and manner of service rather than relying on the default statutory notice periods.
When is a reply due in a special proceeding?
At or before the hearing date under the default timetable, or at least one day before the hearing if the petitioner demanded an earlier answer by serving the notice of petition twelve or more days in advance.
Can I get more time to answer a petition in a special proceeding?
The default gives an answer two days before the hearing. A petitioner who serves the notice of petition at least twelve days before the hearing and demands an earlier answer can require it seven days before the hearing instead, but that works to shorten, not lengthen, the respondent's time.
Advisory Committee Notes
Subd (a) A notice of petition accomplishes the purposes of both a summons and a notice of motion. As in the case of a summons, the special proceeding is commenced and jurisdiction is acquired over the respondent by service of the notice of petition. As in the case of a notice of motion, a notice of petition must fix the return date and be accompanied by any supporting affidavits. There is no demand for relief in the notice of petition, however, because the demand is made in the petition—the equivalent of the complaint in an action—which is to be served with the notice.
Subd (b) is based mainly on the provisions controlling motions. The third sentence is derived from part of CPA § 1292 in the article governing proceedings against a body or officer. New CPLR § 402 authorizes a reply in special proceedings; this subdivision simply prescribes the time limits. Since the primary function of a special proceeding is summary disposition, most statutes governing special proceedings provide for short notice. In this respect, a special proceeding is analogous to a motion. Although there is considerable variation, the time periods of the motion provisions are those most frequently employed. See, e. g., CPA §§ 1289, 1461, 1463, 1469-b. Considerable flexibility will be achieved through the court’s discretionary power to adjourn the hearing, to allow added time to plead and to require additional proof. The court may also vary the time of service by use of an order to show cause. Affidavits with attached exhibits may be submitted with the petition or answer to facilitate a summary determination on the pleadings and papers in a manner similar to that on a motion for summary judgment.
Subd (c) is derived from RCP § 21. Similar provisions were contained in many of the statutes governing particular special proceedings. See, e.g., CPA §§ 1289, 1309, 1421, 1469-d. Such service is required in order to obtain original jurisdiction. The restriction of RCP 21 to the provision for “personal” service of a summons has been eliminated. If personal service cannot be effected, there is no reason why service by mail or by publication should not be allowed, as in an action. The court may make additional provisions as to the manner of service in an order to show cause as long as the mode of service gives sufficient notice to meet the demands of due process.
Subd (d) is based upon new CPLR rule 2214(d), which applies to motions. See RCP 60. Service of an order to show cause is equivalent to service of a notice of petition for the purposes of the jurisdictional requirements of new CPLR § 304. An order to show cause permits the court to make provisions for special problems that may arise as to time, service and parties, and at the same time grant such provisional relief as may be necessary. Both the affidavits upon which the order to show cause was granted and the petition should be served with the order to show cause, in order to insure notice to the defendant not only of the claims against him but of the reason for proceeding by order to show cause.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963; amd, L 1988, ch 761, § 1, eff Feb 24, 1989.
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: notice of petition New Yorkorder to show cause special proceeding NYservice of notice of petitionspecial proceeding hearing notice requirementsCPLR 403 timing