Service of Papers Rules- Family Court of the State of New York

The petition and/or summons that was just given to you MUST be served to the respondent AT LEAST EIGHT (8)
DAYS PRIOR to the court date you were given.

The individual that may serve papers can be one of the following:

  •   A friend of family member (MUST BE AT LEAST 18 YEARS OLD AND NOT A PARTY TO THE CASE)
  •   A process server (for a fee)
  •   A police officer (they are not obligated to do so)
  •   A sheriff (for a fee)

The person who serves the respondent must complete and notarize the "Affidavit of Service". You MUST bring the
COMPLETED AND SIGNED AFFIDAVIT on your court date.

Papers MAY NOT be served on a Sunday, unless they are ORDER OF PROTECTION or SUMMONS FOR ORDER OF
PROTECTION. If you are unable to have the papers properly served, come in on your court date and ask the judge
what your next step should be.                       
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