§ 2103 — Service of papers

New York § 2103

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 21: Papers

Text

Rule 2103. Service of papers. (a) Who can serve. Except where\notherwise prescribed by law or order of court, papers may be served by\nany person not a party of the age of eighteen years or over.\n (b) Upon an attorney. Except where otherwise prescribed by law or\norder of court, papers to be served upon a party in a pending action\nshall be served upon the party's attorney. Where the same attorney\nappears for two or more parties, only one copy need be served upon the\nattorney. Such service upon an attorney shall be made:\n 1. by delivering the paper to the attorney personally; or\n 2. by mailing the paper to the attorney at the address designated by\nthat attorney for that purpose or, if none is designated, at the\nattorney's last known address; service by mail shall be complete upon\nmailing; where a period of time prescribed by law is measured from the\nservice of a paper and service is by mail, five days shall be added to\nthe prescribed period if the mailing is made within the state and six\ndays if the mailing is made from outside the state but within the\ngeographic boundaries of the United States; or\n 3. if the attorney's office is open, by leaving the paper with a\nperson in charge, or if no person is in charge, by leaving it in a\nconspicuous place; or if the attorney's office is not open, by\ndepositing the paper, enclosed in a sealed wrapper directed to the\nattorney, in the attorney's office letter drop or box; or\n 4. by leaving it at the attorney's residence within the state with a\nperson of suitable age and discretion. Service upon an attorney shall\nnot be made at the attorney's residence unless service at the attorney's\noffice cannot be made; or\n 5. by transmitting the paper to the attorney by facsimile\ntransmission, provided that a facsimile telephone number is designated\nby the attorney for that purpose. Service by facsimile transmission\nshall be complete upon the receipt by the sender of a signal from the\nequipment of the attorney served indicating that the transmission was\nreceived, and the mailing of a copy of the paper to that attorney. The\ndesignation of a facsimile telephone number in the address block\nsubscribed on a paper served or filed in the course of an action or\nproceeding shall constitute consent to service by facsimile transmission\nin accordance with this subdivision. An attorney may change or rescind a\nfacsimile telephone number by serving a notice on the other parties; or\n 6. by dispatching the paper to the attorney by overnight delivery\nservice at the address designated by the attorney for that purpose or,\nif none is designated, at the attorney's last known address. Service by\novernight delivery service shall be complete upon deposit of the paper\nenclosed in a properly addressed wrapper into the custody of the\novernight delivery service for overnight delivery, prior to the latest\ntime designated by the overnight delivery service for overnight\ndelivery. Where a period of time prescribed by law is measured from the\nservice of a paper and service is by overnight delivery, one business\nday shall be added to the prescribed period. "Overnight delivery\nservice" means any delivery service which regularly accepts items for\novernight delivery to any address in the state; or\n 7. by transmitting the paper to the attorney by electronic means where\nand in the manner authorized by the chief administrator of the courts by\nrule and, unless such rule shall otherwise provide, such transmission\nshall be upon the party's written consent. The subject matter heading\nfor each paper sent by electronic means must indicate that the matter\nbeing transmitted electronically is related to a court proceeding.\n (c) Upon a party. If a party has not appeared by an attorney or the\nparty's attorney cannot be served, service shall be upon the party by a\nmethod specified in paragraph one, two, four, five or six of subdivision\n(b) of this rule.\n (d) Filing. If a paper cannot be served by any of the methods\nspecified in subdivisions (b) and (c), service may be made by filing the\npaper as if it were a paper required to be filed.\n (e) Parties to be served. Each paper served on any party shall be\nserved on every other party who has appeared, except as otherwise may be\nprovided by court order or as provided in section 3012 or in subdivision\n(f) of section 3215. Upon demand by a party, the plaintiff shall supply\nthat party with a list of those who have appeared and the names and\naddresses of their attorneys.\n (f) Definitions. For the purposes of this rule:\n 1. "Mailing" means the deposit of a paper enclosed in a first class\npostpaid wrapper, addressed to the address designated by a person for\nthat purpose or, if none is designated, at that person's last known\naddress, in a post office or official depository under the exclusive\ncare and custody of the United States Postal Service within the United\nStates;\n 2. "Electronic means" means any method of transmission of information\nbetween computers or other machines designed for the purpose of sending\nand receiving such transmissions, and which allows the recipient to\nreproduce the information transmitted in a tangible medium of\nexpression;\n 3. "Facsimile transmission" means any method of transmission of\ndocuments to a facsimile machine at a remote location which can\nautomatically produce a tangible copy of such documents.\n