§ 316 — Service by publication

New York § 316

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 3: Jurisdiction and Service, Appearance and Choice of Court

Text

Rule 316. Service by publication. (a) Contents of order; form of\npublication; filing. An order for service of a summons by publication\nshall direct that the summons be published together with the notice to\nthe defendant, a brief statement of the nature of the action and the\nrelief sought, and, except in an action for medical malpractice, the sum\nof money for which judgment may be taken in case of default and, if the\naction is brought to recover a judgment affecting the title to, or the\npossession, use or enjoyment of, real property, a brief description of\nthe property, in two newspapers, at least one in the English language,\ndesignated in the order as most likely to give notice to the person to\nbe served, for a specified time, at least once in each of four\nsuccessive weeks, except that in the matrimonial action publication in\none newspaper in the English language, designated in the order as most\nlikely to give notice to the person to be served, at least once in each\nof three successive weeks shall be sufficient. The summons, complaint,\nor summons and notice in an action for divorce or separation, order and\npapers on which the order was based shall be filed on or before the\nfirst day of publication.\n (b) Mailing to accompany publication in matrimonial actions. An order\nfor service of a summons by publication in a matrimonial action shall\nalso direct that on or before the first day of publication a copy of the\nsummons be mailed to the person to be served unless a place where such\nperson probably would receive mail cannot with due diligence be\nascertained and the court dispenses with such mailing. A notice of\npublication shall be enclosed.\n (c) Time of publication; when service complete. The first publication\nof the summons shall be made within thirty days after the order is\ngranted. Service by publication is complete on the twenty-eighth day\nafter the day of first publication, except that in a matrimonial action\nit is complete on the twenty-first day after the day of first\npublication.\n