§ 3012 — Service of pleadings and demand for complaint

New York § 3012

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 30: Remedies and Pleading

Text

§ 3012. Service of pleadings and demand for complaint. (a) Service of\npleadings. The complaint may be served with the summons, except that in\nan action arising out of a consumer credit transaction, the complaint\nshall be served with the summons. A subsequent pleading asserting new or\nadditional claims for relief shall be served upon a party who has not\nappeared in the manner provided for service of a summons. In any other\ncase, a pleading shall be served in the manner provided for service of\npapers generally. Service of an answer or reply shall be made within\ntwenty days after service of the pleading to which it responds.\n (b) Service of complaint where summons served without complaint. If\nthe complaint is not served with the summons, the defendant may serve a\nwritten demand for the complaint within the time provided in subdivision\n(a) of rule 320 for an appearance. Service of the complaint shall be\nmade within twenty days after service of the demand. Service of the\ndemand shall extend the time to appear until twenty days after service\nof the complaint. If no demand is made, the complaint shall be served\nwithin twenty days after service of the notice of appearance. The court\nupon motion may dismiss the action if service of the complaint is not\nmade as provided in this subdivision. A demand or motion under this\nsubdivision does not of itself constitute an appearance in the action.\n (c) Additional time to serve answer where summons and complaint not\npersonally delivered to person to be served within the state. If the\ncomplaint is served with the summons and the service is made on the\ndefendant by delivering the summons and complaint to an official of the\nstate authorized to receive service in his behalf or if service of the\nsummons and complaint is made pursuant to section 303, paragraphs two,\nthree, four or five of section 308, or sections 313, 314 or 315, service\nof an answer shall be made within thirty days after service is complete.\n (d) Extension of time to appear or plead. Upon the application of a\nparty, the court may extend the time to appear or plead, or compel the\nacceptance of a pleading untimely served, upon such terms as may be just\nand upon a showing of reasonable excuse for delay or default.\n