3. Service of Process Flashcards
What are the five methods of serving process?
- Personal delivery to the Defendant
- Leave and mail
- Affix and mail
- Expedient service
- Delivery to an agent
When does the time begin to run for a Defendant to respond to being served process?
Once the service is complete.
When is personal delivery complete?
Upon the tender.
How does leave and mail work?
Two steps:
- The process server can deliver the process to a person of suitable age and discretion at the defendant’s actual dwelling place or the defendant’s actual place of business, and
- mail a copy by first class mail to the defendant’s residence or place of business.
How does affix and mail work?
- The process server must first diligently try to make personal delivery to the Defendant or to a persona of suitable age and discretion
- The process server may then affix the process to the defendant’s actual residence or principle place of business, and
- mail a copy by first class mail to the residence or principle place of business.
Where must proof of service be filed?
With the Court Clerk
What is proof of service?
An affidavit by the process server in which the process server describes the date time and place of service, a description of the person served, and the surrounding circumstances.
How do you make service complete under the leave-and-mail or the affix-and-mail service of process?
Service is complete ten days after proof of service is filed.
When do you resort to Expedient service?
When you cannot find the defendant or a place where he lives or works.
How do you to request expedient service?
You file an ex parte motion allowing for an expedient method of service.
What must the Plaintiff demonstrate in order to be granted expedient service?
The Plaintiff must demonstrate that the other methods of service are unavailable or impracticable.
What will the Court grant if the Plaintiff has successfully filed an ex parte motion allowing for an expedient method of service.
A court order, allowing for some reasonable alternative under the circumstances
Is the Plaintiff allowed to improvise in the service of process without a court order?
No. They must get a court order for expedient service.
What is required to be allowed to serve process on an agent of the Defendant?
The agent must have been specifically designated as an agent, by the defendant, to accept service of process.
What are the methods for serving process outside NY?
The same methods that you would use inside NY.
How can you serve process on a corporation?
Option 1: Make personal deliver to any one of the corporate representatives
Option 2: If the corporation is a domestic corporation or a foreign corporation, licensed to do business in NY, service can be made by delivering two copies of process to the NY Secretary of State. If it is an unlicensed foreign corporation, Plaintiff serves one copy of process to the Secretary of State, and the Plaintiff has the burden of mailing the second copy to the Defendant via certified mail.
Who are considered corporate representatives?
- Officers
- Directors
- Designated Agents
- Managing agents
Who is a managing agent?
A person who has supervisory responsibility.
Are leave and mail or affix and mail available for use on a corporation?
No
By statute, who is the designated agent of a NY corporation or a foreign corporation, licensed in NY?
The New York Secretary of State
