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NY Practice - Methods of Serving Process

Terms in this set (6)

Natural Persons - Traditional Methods of Process - Describe all 3 and the fourth remainder one!
1. Personal delivery to defendant (if refuses, you can leave in immediate vicinity but no intermediaries! - subject to dismissal for lack of proper service)

2. Leave and Mail - Two steps (within 20 days of each other) and within 120 days of filing process
a) Delivery to person (at least 12ish) at actual dwelling or actual place of business
b) Mail to actual place of business or last known residence

3. Affixing and Mailing (Nail and Mail) (basically same as above but it must come after due diligence efforts to leave it with a person)
a) Affixing - taping it to a door or using a rubber band to tie it into a door at actual dwelling or actual place of business
b) Mail to actual place of business or last known residence

4. Expedient Service - Court invented service - If the foregoing methods of service are not practicable, π may make an ex parte motion to the court for an order allowing an improvised, expedient method--some reasonable alternative appropriate in the circumstances. YOU NEED THE ORDER.
What is proof of service and when must it be filed?
It is necessary to make service complete (10 days after it is filed; note that it doesn't need to be within 120 days)!
For both leave-and-mail and affix-and-mail service, proof of service must be filed after the two service steps have been performed. (Proof of service is an affidavit by the process server describing the details of service, e.g., date, time, place, description of person served, due diligence if relevant).
What is rule regarding service of process with infants and mentally incapacitated?
Put their name on summons but process is filed with parent/guardian/legal spouse - if infant is over 14, both infant and the respective adult must be served with process! Similar rule applies if mentally incapacitated person has court-appointed guardian (both must get process).
For service outside New York, who may serve process?
1) any NY resident<18
2) anyone authorized to serve process by the law of jurisdiction where service is made
3) any licensed attorney
What are the two traditional methods of serving process on a corporation (describe them!)?
1. Personal Delivery (no leave and mail or anything else!) to a corporate representative (secretary doesn't work!)
2. Service on the NY Secretary of State
a) for a domestic corporation or licensed, foreign corporation, personally deliver two copies of process to Sec. of State.
b) for unlicensed foreign, one to Sec. of State, and one mailed to corp. by certified mail
What is the main NON-traditional method of serving process?
1) Mail process to D by first-class mail, enclosing two copies of a statutory acknowledgment form, plus a return envelope, postage prepaid, addressed to sender. Service will be effective only IF D signs and returns one of the acknowledgment forms to π within 30 days after D receives the mailed process. Service is complete upon D's posting of the signed form. If it isn't returned, NO PROCESS WAS SERVED. Can't do this with infants or incapacitated!
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