Article 310-a. Personal service with a limited partnership. It is illegal for a person to be employed as a process server or to provide the services of an unlicensed process server to do so. It is illegal for a process server not to provide its license or registration number in an affidavit or process signed by it, if that process server is to be authorized or registered in accordance with a national or local law and in the name and address of a process service entity from which it received the process for the Service. In addition to the other remedies provided, in the event of a violation of this article, the Attorney General may, on behalf of the people of the State of New York, file a motion with a court or judicial branch of competent jurisdiction in a special injunction procedure and upon notification of the defendant for at least five days. prohibit and restrict the prosecution of such violations; and if, to the satisfaction of the court or the judiciary, it appears that the defendant has actually infringed this article, that court or judicial authority may issue an injunction ordering and not commit any other offence without requiring proof that a person has actually suffered harm or prejudice as a result. In such proceedings, the Court may make concessions to the Attorney-General, as provided for in paragraph six of subsection (a) of article eighty hundred and three of the Civil Law Act and the Code of Civil Procedure. Whenever the court finds that there is a violation of this article, it may impose a civil penalty not exceeding one thousand dollars for each violation. Provided, however, that a server or processing agency cannot be held liable for any imitation of a claim brought under this Section for breach of this Article if the process server or litigation agency proves by a preponderance of evidence that the breach was unintentional and is due to an error in good faith, regardless of the continuation of the procedure, which were reasonably expected to avoid such an error. Examples of bona fide errors include desktop calculations, computer malfunctions, and programming and printing errors. Under such a proposal, the Attorney General has the power to provide evidence and establish the relevant facts and to issue subpoenas in accordance with the law and the rules of practice of civil law.
On application, the court shall order, without notice, service of a summons to appear by publication in an action described in section 314 if service cannot be effected with due diligence by any other prescribed method. Article 309 Personal service on an infant, incompetent or retained. A person may be designated in writing by a natural person, partnership or partnership as an intermediary for service, performed and recognized in the same manner as a document, with the consent of the representative approved for that purpose. The letter must be submitted to the clerk`s office of the county court where the principal served is domiciled or to his principal. The designation remains in force three years after its presentation, unless it has been revoked by the presentation of a revocation or by the death, judicial declaration of incapacity or legal termination of the representative or client. To avoid being charged for the cost of the Service, you must sign, date and complete the confirmation portion of this form and mail, or send a copy of the completed form to the sender within thirty (30) days of the date you receive it. You should keep a copy for your records or your lawyer. If you wish to consult a lawyer, you must do so as soon as possible before the end of the thirty (30) days.
Article 311 Personal service to an enterprise or a government subdivision. The affidavit of service informs everyone of the delivery of documents. It states that if you do not complete the form within thirty (30) days and do not return it to the sender, you (or the party on whose behalf you are served) must bear the costs of serving the summons and complaint or subpoena and notification or notice of petition and petition in any other manner permitted by law. and the cost of such service, to the extent permitted by law, will be recorded as a judgment against you. In other cases, if the documents are delivered by personal service, there is no deadline set for filing the affidavit. The defendant`s response time begins to run out when the papers are handed to him. If the documents are served by an alternative service or a remarkable local service, service is not completed until the affidavit has been submitted to the court. If service has not been terminated (completed), the time limit for the defendant to respond to the subpoena and appeal does not begin to run. In supreme, district and city courts, the affidavit must be filed within 20 days or less from the date the documents were left or sent, whichever is later. Service is completed 10 days after filing and the defendant`s response period begins to run. In district, civil, city and village courts, the defendant`s speaking time begins to run with the presentation of the affidavit.
Index number in an action brought before the Supreme Court or District Court. Exhibition by courtyard. A summons to be served on a library, department or office of a municipal or state corporation or an agent of the state requiring the submission of books, documents or other things is issued by a judge of the Supreme Court of the district where the book, newspaper or other thing is located, or by a judge of the court in which an action for which it is based is brought. obligatory is tribal. Unless the court decides otherwise, an application for a summons must be made at least one day in advance to the library, department, office or staff member holding the book, document or other matter and to the other party. Such summons shall be served on that library, department or office of that local authority or of the State or of an official who has kept the book, document or any other element and on the other party at least twenty-four hours before the time fixed for the presentation of such documents, unless in an emergency, the court does not waive this notice by order, which is otherwise required. Compliance with a summons may be made by making a legible reproduction of the article or items to be created in full size, certified complete and accurate by the person in charge of that library, department or office or an agent of that person, and no personal appearance may be required of such person or agent, to certify such items or items. unless the court decides otherwise in accordance with rule 2214 (d) of this Chapter. If a provision serves the same purpose as the production of the book, document or other thing and the subpoena is required because the parties do not specify it, the judge may impose conditions on each party, including the cost of producing the book or document, and require that these costs be paid to the library as an additional fee. Department or agent.
Any service or conduct of legal proceedings of any kind on the first day of the week is prohibited, except in the context of criminal proceedings or if service or enforcement is expressly permitted by law. Delivery or execution of any process on that day, except as permitted herein, is absolutely invalid for any purpose. .