New York § 308 Return day of citation 1

New York Statutes

§ 308 — Return day of citation 1

New York § 308

Law SCPSurrogate's Court Procedure

Art. 3Proceedings, Pleadings and Process

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Bluebook

N.Y. Surrogate's Court Procedure § 308 (2026).

Text

§ 308. Return day of citation\n  1. Based on place of service. Except as otherwise provided in\nsubdivisions 2 and 3, the time of the return of a citation shall be\ngoverned by the following paragraphs:\n  (a) The citation shall be served at least the following number of days\nbefore the return day:\n  (i) 10 days if the person is served within the state by personal\ndelivery;\n  (ii) 20 days if the person is served within the United States, the\nDistrict of Columbia, the Commonwealth of Puerto Rico or the possessions\nor territories of the United States by other than personal delivery; and\n  (iii) 30 days in all other cases and where the office of the attorney\ngeneral is a party.\n  (b) The time periods set forth under paragraph (a) of this subdivision\nshall commence to run from the ti

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§ 308. Return day of citation\n 1. Based on place of service. Except as otherwise provided in\nsubdivisions 2 and 3, the time of the return of a citation shall be\ngoverned by the following paragraphs:\n (a) The citation shall be served at least the following number of days\nbefore the return day:\n (i) 10 days if the person is served within the state by personal\ndelivery;\n (ii) 20 days if the person is served within the United States, the\nDistrict of Columbia, the Commonwealth of Puerto Rico or the possessions\nor territories of the United States by other than personal delivery; and\n (iii) 30 days in all other cases and where the office of the attorney\ngeneral is a party.\n (b) The time periods set forth under paragraph (a) of this subdivision\nshall commence to run from the time that service is complete as provided\nin 309.\n 2. Service by publication. If served by publication, the return day\nshall not be earlier than the day service is completed, as provided in\n309.\n 3. Service on consular official. If served upon a consular official\npursuant to 307, subdivision 3 (e), it shall be served at least 30 days\nprior to the return day.\n 4. For the purpose of fixing the time within which a process must be\nserved, service upon the clerk of the court, pursuant to designation, is\npersonal service upon the fiduciary within the county where the letters\nof the fiduciary were issued.\n