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A person serving papers must be 18 years of age or older and must not be a party to the case (CPLR 2103[a]). Papers may be served by a process server, friend or relative of a party so long as he or she is not a party to the case.
Service of process is the method by which documents are delivered to other parties in the lawsuit as well as to the court. It occurs at the commencement of a lawsuit, when the plaintiff, or the party bringing the lawsuit, serves the complaint and summons on the defendant.
In most cases, three attempts will be made, and at different times of the day and on different days. If the process server fails to serve the documents after all attempts are made, the applicant can go to the court and ask permission to deliver the documents by a substitute or alternative service method.
Timeline of How to File a Lawsuit Step 1: File a Complaint. Plaintiff files a complaint and summons with the local county court. ... Step 2: Answer Complaint. ... Step 3: Discovery. ... Step 4: Failing to Respond to Discovery. ... Step 5: Conclusion of Lawsuit.
Service of process is the method by which documents are delivered to other parties in the lawsuit as well as to the court. It occurs at the commencement of a lawsuit, when the plaintiff, or the party bringing the lawsuit, serves the complaint and summons on the defendant.