The New York Guide to Service, Filing, & Fees for Orders showing Cause Signed in Chambers is a guide created by the New York State Supreme Court to provide information on the service, filing, and fees associated with orders to show cause signed in chambers. This guide includes information on the types of orders, the filing process, the fees associated with filing, and the service of the order. The types of orders covered include temporary restraining orders, preliminary injunctions, temporary restraining orders with preliminary injunctions, and protective orders. It also covers service of the order, and the rules and procedures for filing the order. Additionally, it contains information on the fees associated with filing, and the timeline for service of the order. This guide is an essential resource for attorneys, parties, and court personnel who need to understand the service, filing, and fees associated with orders to show cause signed in chambers.
New York Guide to Service, Filing, & Fees for Orders to Show Cause Signed in Chambers
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SERVICE OF THE INITIATING PAPERS A person serving papers must be 18 years of age or older and must not be a party to the case (CPLR 2103a). 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.
Or, anyone, like a friend, can serve the papers. But, the person serving the papers must be 18 years old or older. A party can go with the person serving the papers when they are served. In NYC, the person serving the papers is not allowed to serve more than five papers each year.
There are three ways to deliver legal papers to start a case. Personal delivery. The papers are handed to the defendant or respondent.Substituted delivery. Papers are left with someone else to give to the defendant or respondent and copies of the papers are mailed.Conspicuous delivery.
If service is not finished (completed), the defendant's time to Answer the Summons and Complaint does not start to run. In the Supreme, County and City Courts, the Affidavit of Service must be filed by 20 days or less from the date the papers were left or mailed whichever is later.
The applicant must include either a memorandum of law or a thorough description of the plaintiffs' efforts to locate and serve the defendant. They must submit an ex parte petition to the court requesting that they be allowed to serve the requisite paperwork by electronic mail.
Service on a corporation shall be made by delivering the process to an officer, director, or general agent, or cashier or assistant cashier (as defined in cases interpreting this law) or any other agent authorized by appointment or by law to receive service. CPLR 311.
THE PROCESS SERVER INDIVIDUAL LICENSE The NYC Department of Consumer Affairs must license process servers in New York City's five boroughs to do business in the city. If an individual wants to keep their process serving license active, they must pay a USD10,000 surety bond and a USD100,000 surety bond, respectively.
Rule 310. Proof of such service shall be filed within twenty days with the clerk of the court designated in the summons; service shall be complete ten days after such filing; proof of service shall identify the person to whom the summons was so delivered and state the date, time of day and place of service.