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To commence an e-filed action or special proceeding, a summons and complaint or summons with notice in an action, or a petition in a special proceeding shall be filed with the County Clerk through NYSCEF by uploading the documents to the NYSCEF site in PDF-A format.
You must fill out the Application for a Pro Se Summons form and submit it to the clerk in the county where you are suing, along with payment of the court fee. The fee must be paid by cash, certified check, money order or bank check. Personal checks will not be accepted.
That transmission constitutes service. Time to respond to an e?served document is the same as when personal service is made in hard copy format. The NYSCEF file will maintain a record of the parties that have been e?served with that document. There is no charge for this electronic service.
Proof of service shall specify the papers served, the person who was served and the date, time, address, or, in the event there is no address, place and manner of service, and set forth facts showing that the service was made by an authorized person and in an authorized manner.
A civil lawsuit in New York begins with filing a summons and complaint. These documents give the defendant notice of a lawsuit, the basis for the dispute, and what the plaintiff is demanding.
