If you are an out-of -state plaintiff or you are disabled and your disability makes it difficult for you to come to court in person, you may follow the procedure below to obtain your summons and complaint by mail. If you are unable to download the form, you may call the court and an application will be mailed to you. To find out the amount of the fee, click on Court Fees , and 3. To find out the address of the Civil Court in the county you are suing, click on Address. Service of process on the defendant must be properly effectuated within days of commencement of the action.
The first issue that an attorney should address is the practical one: when is the answer due? This is generally 20 or 30 days from completion of service 20 days when service is by personal delivery to the defendant within New York State, 30 days all other times. Service is not always complete when the papers are delivered by the process server. The time periods for other methods of service are provided for in CPLR Article 3 and, in the interest of brevity, will not be discussed here.
Unfortunately, clients are not always the best judge of when service was actually effectuated upon them. Once the due date of the responsive pleading is established, one must next determine if an extension of time to respond will be required. This additional time is not always required because the attorney is unable to find the time to prepare the answer but, rather, because the attorney is experiencing difficulty making formal contact with the client for whom they will be entering an appearance in the case.
This first contact is the initiation of the attorney-client relationship. In addition, during this initial client contact, the basic facts about the case and corporate structure, which are necessary to formulate responses to the averments in the complaint, can be obtained.
Other issues, such as the proper corporate or business entity name, proper venue, jurisdiction and potential affirmative defenses, should be discussed during this initial attorney-client conference.
These issues will be discussed below. The attorney must also determine if an answer will be served. If the action was commenced by the filing of a summons with notice, then an answer is not the proper response. The plaintiffs will thereafter have 20 days to serve the complaint.
The complaint in this instance will properly be served by sending it via mail to the attorneys who have entered an appearance on behalf of the party. There will be no need for service of the complaint upon the client through typical service of process methods. When litigation is commenced by either the filing of a summons and complaint or a summons and endorsed complaint, an answer is then to be served. A summons and endorsed complaint is generally responded to with a general denial answer, which must include the required affirmative defenses.
Also to be addressed are jurisdiction and venue. The attorney will need to evaluate whether the court has both subject matter jurisdiction over the case and whether the court has obtained in personam jurisdiction over the defendant.
Such can also be done sua sponte by the court. However, when a case is transferred pursuant to d , the plaintiff will not be limited to relief within the jurisdictional limits of the lower court.
In addition, when evaluating subject matter jurisdiction, the attorney should also consider the possibility of removal of the case to federal court. In addition, subject matter jurisdiction in the federal court can be obtained when the case involves a federal question, such as violation of a civil right or other federal law. If such is the case, a notice of removal must be timely served and filed in conjunction with the federal court answer. Timing of removal is critical and should, therefore, be evaluated as soon as the matter is assigned to counsel.
The second part of personal jurisdiction is dependent upon the proper service of the summons and complaint pursuant to CPLR Article 3.
The court shall consider the pro se status of any party in granting relief pursuant to this provision.
In the event the defendant appears in such an action the defendant may without leave of court submit papers disclosing full account numbers to the extent necessary to ensure that an order or judgment issued by the court contains proof satisfactory to a credit reporting agency. In the event the defendant appears in such an action and denies responsibility for the identified account, the plaintiff may without leave of court amend his or her pleading to add full account or CPI by i submitting such amended paper to the court on written notice to defendant for in camera review or ii filing such full account or other CPI under seal in accordance with rules promulgated by the chief administrator of the courts.
Added b on December 23, effective April 1, References in sections The notice shall contain a link to a copy of the initiating documents to which shall be affixed an index number for the matter and a filing stamp showing the date of filing of the documents and to which there may also be affixed, as the court may require, an image of the signature of the Chief Clerk.
This notice will satisfy the requirement in section 1 of the New York City Civil Court Act that the clerk return a copy of the filing to the party. If the petitioner selects this option, the clerk shall charge the petitioner the cost of postage and a processing fee. Except as otherwise provided in subdivision a of the section, after commencement of an action wherein e-filing is authorized, documents may be electronically filed by, and electronically served by and upon, parties who have consented thereto.
In a summary proceeding to recover possession of real property, commenced electronically in accordance with this section, only the proof of service needs to be e-filed. The initial e-filing of the Notice of Petition or Signed Order to Show Cause, at the time of the commencement of the action, satisfies the requirement in When an e-filing party serves a document in hard copy on a non-participating party, the document served shall be a true copy of the e-filed document and shall bear full signatures of all signatories.
Proof of such service shall be filed electronically. The clerk or his or her designee may scan and e-file documents that were filed in hard copy in an action subject to e-filing or maintain those documents in hard copy form. All papers for signature or consideration of the court shall be presented to the clerk of the trial court in the appropriate courtroom or at the clerk's office, except that where the clerk is unavailable or the judge so directs, papers may be submitted to the judge and a copy filed with the clerk at the first available opportunity.
All papers for any judge that are filed in the clerk's office shall be promptly delivered to the judge by the clerk. The papers shall be clearly addressed to the judge for whom they are intended and prominently show the nature of the papers, the title and index number of the action in which they are filed, and the name of the attorney or party submitting them. SI UD. In the case of your failure to submit answering papers, summary judgment will be taken against you by default for the relief demanded in the notice of motion.
En el caso que usted no entregue su contestacion, se dictara sentecia sumaria contra usted por incumplimiento por la suma demandada en la peticion de demanda. If you do not respond to the lawsuit, the court may enter a money judgment against you.
Also, a judgment will affect your credit score and can affect your ability to rent a home, find a job, or take out a loan. You cannot be arrested or sent to jail for owing a debt. It is important that you go to the court clerk's office listed above as soon as possible. You should bring this notice and any legal papers you may have received. Additional information can be found on the court system's website at: www.
Usted no puede ser arrestado ni apresado por adeudar dinero. Es importante que se dirija a las ventanillas del secretario judicial antes mencionado tan pronto como pueda.
The face of the envelope shall be addressed to the defendant at the address at which process was served, and shall contain the defendant's name, address including apartment number and zip code. The face of the envelope also shall contain, in the form of a return address, the appropriate address of the clerk's office to which the defendant should be directed.
These addresses are:. No default judgment based on defendant's failure to answer shall be entered unless there has been compliance with this subdivision and at least 20 days have elapsed from the date of mailing by the clerk. Receipt of the additional notice by the defendant does not confer jurisdiction on the court in the absence of proper service of process.
Added Part Amended Any other party may move at the appropriate motion part to modify or vacate such ex parte order. All further applications for extensions shall be made by motion upon notice returnable in the part designated to hear motions on notice. Motions for a change of venue shall be heard in the county division of the court in which the action was instituted.
An order of transfer shall direct the disposition of the papers then on file. The clerk shall not accept a summons for filing when it appears upon its face that the proper venue is a county division other than the one where it is offered for filing.
The clerk shall stamp upon the summons the date of such rejection and shall enter the date of such rejection in a register maintained by him, together with the county division in which the summons should be filed.
Where the wrong county division is stated in the summons, the time of the defendant to appear or answer shall be the later of:. Historical Note Sec. The request shall state the title of the action; index number; date of joinder of issue; name, address, and telephone number of all attorneys appearing in the action; and the nature of the action.
The request shall be served on all other parties and filed with the clerk together with stamped postcards addressed to all parties. The court shall order a preliminary conference in the action upon compliance with the requirements of this subdivision. A form of stipulation and order, prescribed by the Administrative Judge, shall be made available which the parties may sign, agreeing to a timetable which shall provide for completion of disclosure.
If such stipulation is not returned signed by all parties, the parties shall appear at the conference. Except where a party appears in the action pro se, an attorney thoroughly familiar with the action and authorized to act on behalf of the party shall appear at such conference. Added In addition, no motion shall be placed on the calendar for hearing in the appropriate part unless a notice of motion is served and filed with the motion papers. The notice of motion shall read substantially as follows:.
The above-entitled action is for briefly state nature of action, e. This action is is not on a trial calendar. Pursuant to CPLR b , answering affidavits, if any, are required to be served upon the undersigned at least seven days before the return date of the motion. Attorney 2 or Attorney in charge of case if law firm for moving party.
Attorney 2 for other party Address: Telephone number:. There shall be such motion parts and motion calendars as the Chief Administrator of the Courts shall designate. The moving party shall serve copies of all affidavits and briefs upon the adverse parties at the time of service of the notice of motion. The answering party shall serve copies of all affidavits and briefs as required by CPLR Affidavits shall be for a statement of the relevant facts, and briefs shall be for a statement of the relevant law.
Unless otherwise directed by the court, answering and reply affidavits and all other papers required to be furnished to the court by CPLR c must be filed no later than the time of argument or submission of the motion. Attendance by counsel or pro se party at the calendar call shall not be required unless:. Attendance by counsel for a party not requesting oral argument is not required where the hearing of oral argument is based solely upon the request of another party.
A party requesting oral argument shall set forth such request in its notice of motion or on the first page of the answering papers, as the case may be.
A party requesting oral argument on a motion brought on by an order to show cause shall do so as soon as practicable before the time the motion is to be heard. Depositions authorized under the provisions of the CPLR or other law may be taken, as permitted by subdivision b of section of the CPLR, by means of simultaneous audio and visual electronic recording, provided such recording is made in conformity with section Except where the court otherwise directs, in all actions in which recovery is sought for personal injuries, disability or death, physical examinations and the exchange of medical information shall be governed by the provisions hereinafter set forth:.
Unless otherwise stipulated the examination shall be held not less than 30 nor more than 60 days after service of the notice. If served by any party other than the party to be examined, the notice shall name the examining medical provider or providers. If the notice is served by the party to be examined, the examining parties shall, within 10 days of receipt thereof, submit to the party to be examined the name of the medical providers who will conduct the examination.
Any party may move to modify or vacate the notice fixing the time and place of examination or the notice naming the examining medical providers, within 10 days of the receipt thereof, on the grounds that the time or place fixed or the medical provider named is objectionable, or that the nature of the action is such that the interests of justice will not be served by an examination, exchange of medical reports or delivery of authorizations.
These shall include a recital of the injuries and conditions as to which testimony will be offered at the trial, referring to and identifying those X-ray and technicians' reports which will be offered at the trial, including a description of the injuries sustained, a diagnosis, and prognosis. Medical reports may consist of completed medical provider, workers' compensation, or insurance forms that provide the information required by this paragraph; and.
These shall comply with the requirements of paragraph b 1 of this section. Copies of these reports and the required authorizations shall be served and delivered with the bill of particulars by the party seeking to recover. All other parties shall serve copies of the reports of their medical providers within 45 days thereafter. In any case where the interests of justice will not be promoted by service of such reports and delivery of such authorizations, an order dispensing with either or both may be obtained.
Further authorizations to examine and make copies of additional hospital records, other records, X-ray or other technicians' reports as provided in paragraph b 2 of this section must also be delivered with the medical reports.
Copies of the reports of the examining medical providers, complying with the requirements of subdivision c of this section, shall be served within 10 days after completion of such further examination. If any party desires at the trial to offer the testimony of additional treating or examining medical providers, other than whose medical reports have been previously exchanged, the medical reports of such medical providers, complying with the requirements of paragraph b 1 of this section shall be served upon all parties at least 30 days before trial.
All motions under this rule may be made on affidavits of attorneys, shall be made on notice, returnable at the appropriate motion part and shall be granted or denied on such terms as to costs, calendar position and dates of compliance with any provision of this rule as the court in its discretion shall direct.
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