§ 320 — Defendant's appearance

New York § 320

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

Text

Rule 320. Defendant's appearance. (a) Requirement of appearance. The\ndefendant appears by serving an answer or a notice of appearance, or by\nmaking a motion which has the effect of extending the time to answer. An\nappearance shall be made within twenty days after service of the\nsummons, except that if the summons was served on the defendant by\ndelivering it to an official of the state authorized to receive service\nin his behalf or if it was served pursuant to section 303, subdivision\ntwo, three, four or five of section 308, or sections 313, 314 or 315,\nthe appearance shall be made within thirty days after service is\ncomplete. If the complaint is not served with the summons, the time to\nappear may be extended as provided in subdivision (b) of section 3012.\n (b) When appearance confers personal jurisdiction, generally. Subject\nto the provisions of subdivision (c), an appearance of the defendant is\nequivalent to personal service of the summons upon him, unless an\nobjection to jurisdiction under paragraph eight of subdivision (a) of\nrule 3211 is asserted by motion or in the answer as provided in rule\n3211.\n (c) When appearance confers personal jurisdiction, in certain actions;\nlimited appearance. When the court's jurisdiction is not based upon\npersonal service on the defendant, an appearance is not equivalent to\npersonal service upon the defendant:\n 1. in a case specified in subdivision (3) of section 314, if\njurisdiction is based solely upon a levy on defendant's property within\nthe state pursuant to an order of attachment; or\n 2. in any other case specified in section 314, if an objection to\njurisdiction under paragraphs eight or nine of subdivision (a) of rule\n3211, or both, is asserted by motion or in the answer as provided in\nrule 3211, unless the defendant proceeds with the defense after\nasserting the objection to jurisdiction and the objection is not\nultimately sustained.\n (d) Appearance after first publication. Where the defendant appears\nduring the period of publication of a summons against him, the service\nby publication shall be deemed completed by the appearance.\n