New York In the Matter of Service of Summons and Complaint in Prisoner Civil Rights Cases Brought Against NYS DOC, September 28, 2012, is a document issued by the State of New York which outlines the requirements for service of summons and complaint in prisoner civil rights cases against the New York State Department of Corrections (NYS DOC). The document requires that plaintiffs must serve the summons and complaint in accordance with New York Civil Practice Law and Rules section 308 and the NYS DOC must accept service of the documents at the NYS DOC Central Office. Further, the document outlines the proper procedure for service of summons and complaint in prisoner civil rights cases including the form of service, service address, and the time frame for acceptance of service. The document also provides guidance in the event that the plaintiff is unable to serve the summons and complaint in accordance with the guidelines outlined. There are two types of New York In the Matter of Service of Summons and Complaint in Prisoner Civil Rights Cases Brought Against NYS DOC, September 28, 2012: one that applies to prisoner civil rights cases brought against NYS DOC and one that applies to prisoner civil rights cases brought against any other state or local governmental entity.
New York In the Matter of Service of Summons and Complaint in Prisoner Civil Rights Cases Brought Against NYSDOC, September 28, 2012
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FAQ
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.
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.
For example: 1) contracting anywhere to supply goods or services in the state; 2) committing a tortious act within the state (e.g., an assault, an act of fraud, a breach of fiduciary duty); 3) committing a tortious act outside of the state that causes injury inside of New York; 4) the ownership or use of real property
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.
The written response must be made within 20 days of personal service, or within 30 days of the time when service by any other means is complete. If the defendant fails to respond he or she is in default and plaintiff may be able to obtain a default judgment against the defendant.
To authorize service of process by e-mail or facsimile transmission in New York, C.P.L.R. § 308 requires the plaintiff to make an ex parte motion. Otherwise, service may be deemed invalid even if the defendant received the summons. The plaintiff must also prove that service under all other methods is impracticable.
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. Sample Affidavit of Service and Affidavit of Service By Mail.
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.