For a certificate of service for discovery papers, such as written discovery requests and responses, see Form – Certificate of Service (Discovery). The Federal Rules of Civil Procedure state that no certificate of service is required when a paper is served by filing it with the court's electronic-filing (ECF) system.
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.
No. They need a court order to obtain a garnishment and they cannot even sue you without personally serving you with a summons and complaint so you have the opportunity to defend against the suit.
Effective January 1, 2024, notarized affidavits are no longer required for most sworn statements submitted in New York state court. No longer limited to lawyers and doctors, court-filed affirmations are now permissible from any witness.
If substituted or nail and mail service were used, the affidavit of service must be filed with the County Clerk within 20 days of the date of service.
Although affidavits of service are not otherwise required to be filed, courts generally require that they be submitted and/or filed to assure that the Defendant has been given notice of the action or proceeding.
When the defendant files an answer to the complaint, a copy of the answer must be provided to the plaintiff. An affidavit of service is then filed as proof that the document was provided to the other party.
The return date is the court date. The party making the motion chooses the court date and puts it in the Notice of Motion so everyone knows when to come to court. NYSCEF wants to know the court date and has a calendar button to find the court date you picked.