New York AO-440 Summons in a Civil Action
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How to fill out AO-440 Summons In A Civil Action?
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FAQ
The service of process address, displayed on a corporation's certificate of incorporation or a limited liability company's articles of organization, indicates the address to which the New York Secretary of State must send legal process (subpoenas, complaints, etc.)
In order to avoid a default, the Defendant must respond upon being served with either the summons with notice or the summons and complaint within the applicable time frame. These deadlines are found in CPLR §320(a) and are 20 or 30 days depending on how service was made.
Process Rules and Fees All Paternity and Support summonses are served at least eight days before a court date. There is a $52.00 filing fee for each summons. All Family Offense summonses must be served at least 24 hours before the court date. There is no fee for serving these summonses.
You may be able to respond to your summons by submitting your defense online or by mail. Please visit the Hearing Online page and the Hearing by Mail pages to learn if your summons is eligible. If so, OATH must receive your written defense submission prior to the scheduled hearing date.
"Nail and Mail" service: If repeated, genuine attempts at personal and substituted service have failed, the papers may be served by using actual place of business, dwelling place, or usual place of abode within New York Sate of the person to be served and [Second] mail the process by first class mail to the person to ...
Section 3012-A - Certificate of merit in medical, dental and podiatric malpractice actions (a) In any action for medical, dental or podiatric malpractice, the complaint shall be accompanied by a certificate, executed by the attorney for the plaintiff, declaring that: (1) the attorney has reviewed the facts of the case ...
ELECTRONIC FILING THROUGH THE NEW YORK STATE COURTS ELECTRONIC FILING SYSTEM IS MANDATORY FOR ALL CASES COMMENCED IN THIS COURT (EXCEPT ARTICLE 70 AND 78 PROCEEDINGS, AND MATRIMONIAL, MENTAL HYGIENE LAW AND ELECTION LAW MATTERS).
A summons with notice or summons and complaint must be served within 120 days of filing with the County Clerk.
ELECTRONIC MAIL SERVICE IN NEW YORK 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.
To oppose a motion, you must prepare an affidavit or affirmation. You will title your submission as appropriate, for example: plaintiff s opposition to defendant's motion to dismiss or for summary judgment. A form is attached to these instructions. DO NOT USE THIS FORM AS YOUR AFFIDAVIT OR AFFIRMATION.