Flashcards in Article 3 Deck (69)
T/F The court shall not exercise personal jurisdiction over non-domiciliaries.
Party who starts an action in NYS and who is not subject to personal jurisdiction may be served in other specified separate actions through his attorney or if no attorney appears for him, the _____, during pendency of action.
clerk of the court
If the court finds that circumstances prevent immediate filing, the signing of an order requiring filing on specified time and date (no later than _ days thereafter) shall commence the action
T/F Filing may be by electronic means, but not by facsimile transmission
If complaint is not served with summons, a ____ stating nature of action and relief sought myst be attached
T/F Court may allow summons or proof of service of a summons to be amended only within 30 days after service
Proof of service shall be in the form of a ______ if service is made by s sheriff or other public servant.
If service is made by an individual, proof of service shall he form of a(n) _________.
Service may be made in such manner as the court directs upon motion (with/without) notice if service is impracticable under sections 1, 2 and 4 of CPLR 308
Personal service on an incompetent may be made on the _______ of the incompetent.
T/F Personal service on attorney general may not be made to assistant attorney general in NYS.
In service to person of suitable age and discretion, mailing must be done within __ days of service to person of suitable age and discretion.
In nail and mail, filing proof of service must be done within __ days of nailing or mailing, whichever is done last.
In nail and mail and service to person of suitable age and discretion, service is complete __ days after filing proof of service.
An infant of the age of __ or over must also be served.
To serve a partnership, who may be served?
Any partner (also other methods)
T/F a corporation can be served by serving any employee
T/F To serve New York City, you can serve the mayor.
T/F if service cannot be made as per prescribed methods, service may be made in any manner the court directs.
CPLR 310-a & 311-a
T/F you need a court order to serve by mail (CPLR 312-a)
Service by mail (CPLR 312a) can be done by plaintiff or any other person
Acknowledgment of receipt (CPLR 312a) must be mailed or delivered within __ days of receipt.
Answer (CPLR 312a) must be filed within __ days after signed acknowledgment is mailed or delivered to sender
T/F A court order is needed for service by publication
Summarize service by publication requirements (CPLR 316)
Publication shall be made within 30 days after order. Has to be in 2 newspapers, at least 1 English, at least 1 in each of 4 consecutive weeks. Service is complete on the 28th day after first publication.
A person not served by personal delivery has up to ____ year(s) after he discovers fed adult judgment to come in and defend action (but no more than 5 years after entry of judgment)
When summons is served by personal delivery within NYS, defendant has ___ days after such delivery to answer.
When a summons is served by other Han personal delivery, (except 312a) defendant has __ days after service is complete to answer.
A corporation and voluntary association must appear by ______.