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New York Pro Se Guidelines

Category:
Federal - District Court - Official - Western District
State:
New York
Control #:
NY-WD-149
Format:
PDF
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Description

Pro Se Guidelines rev. 12/2017

New York Pro Se Guidelines rev. 12/2017 is a set of rules and procedures for individuals representing themselves in court. It is designed to help individuals understand the legal process, their rights and responsibilities, and the court's expectations of them. The Guidelines cover topics such as filing documents, service of process, settlement discussions, and responding to motions. The New York Pro Se Guidelines rev. 12/2017 includes several types of guidelines: general guidelines, civil practice and procedure guidelines, Supreme Court civil guidelines, and Surrogate's Court civil guidelines. The guidelines are updated annually and are available online.

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FAQ

The 16-7-1 rule. Provided that the notice of motion demands it, the opposing party then must serve its answering papers at least seven days before the return date. The moving party must serve its reply papers at least one day before the return date.

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.

Serving out-of-state defendants When the party to be served resides out of state, a copy of the paperwork can be delivered to the defendant by postage first-class mail. The person who mails the documents must be at least 18 years old and not involved in the case.

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.

After the case is started by the plaintiff or petitioner, all legal papers that need to be served can be given to the other side in person or by regular mail, before giving the original papers to the court.

Summary: A process server can leave a Summons taped to your door if they've already tried (and failed) to deliver it in person or through the mail.

NYC's process service laws outline the following procedure: Serving the summons: The process server may only deliver a copy of the legal documents between in the morning and in the evening. Process serving is prohibited on religious observance days.

OVERVIEW AS TO THE Civil Practice Law and Rules Personal delivery refers to the highest form of service, wherein service is provided within the state to the actual person to be served. Personal service is a part of the actual service, wherein the complaint or the summons is delivered in hand to the respondent.

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