Summons, Service of Process, and Appearance
Author | Michael Barr/Sharon Gerstman/Burton Lipshie |
Pages | 429-506 |
9-1
CHAPTER 9
SUMMONS, SERVICE OF PROCESS,
AND APPEARANCE
QUICK VIEW
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New York Civil Practice Before Trial 9-2
TABLE OF CONTENTS
§9:01 Purpose
§9:02 Actual Notice Neither Required nor Sucient
§9:03 Service and Jurisdiction
§9:04 Filing, Service, and Commencement of Suit
§9:05 The Summons
§9:06 Serve Summons with Complaint or Notice
§9:07 Methods of Service
§9:08 Waiver of Service
§9:20 Serve Within 120 Days After Filing
§9:21 Motion to Dismiss or Extend Period for Service
§9:22 No Limit on Length of Extension
§9:23 No Service on Sunday
§9:24 Restricted Service on Saturday
§9:30 In New York
§9:31 Outside New York
§9:40 Hague Convention
§9:41 Service in a Non-Hague Convention Country
§9:50 Preparation and Issuance
§9:51 Caption
§9:52 Body
§9:53 Indorsement
§9:60 Caution: Dismissal
§9:61 Unclear Which Defects Are Jurisdictional
§9:62 Defendant Can Waive Defects
§9:70 Identify Court
§9:71 Name Plainti
§9:72 Name Defendant
§9:73 Specify Basis of Venue
§9:74 Include Index Number and Filing Date
§9:75 Special Rule: Consumer Credit Cases
§9:80 Content of Notice
§9:81 Describe Nature of Action
§9:82 Caution: “Naked” Summons Is Defective
§9:83 Defendant Can Waive Defect
§9:90 The Supplemental Summons
§9:91 The Third Party Summons
§9:100 Rules to Aid Pro Se Defendants
9-3 Summons, Service of Process, and Appearance
B. Amending the Summons
III. SERVICE BY MAIL
IV. SERVICE ON INDIVIDUALS
A. General Points
B. Personal Delivery
C. Leave and Mail Service
1. General Points
2. Timing Issues
3. Completion of Service
4. At Actual Place of Business
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