New York 45 day Rule: Criminal Defense Motions: You Snooze You Lose

Timelines or deadlines are crucial in criminal defense. The NY 45 day rule states that we have only 45 days from the date of the initial appearance with counsel in which to file our motions. In other words the clock starts ticking on our ability to keep out evidence (suppress it) within those first 45 days.



If we do not challenge any of the evidence, then the default is that it all comes in against you at trial.