New York Supreme Court, Bronx County Service and Proof of Service Rules

CRITICALCivil cases

Applies to

Order to show cause

An Order to Show Cause seeking relief as counsel must be heard in person, its service must be shown as delivered to the client through the tracking system, and it will be denied without prejudice to renewal if the client was not served.

Orders to Show Cause to be relieved as Counsel shall be in-person and service of the Order to Show Cause must show as delivered to the client per the tracking system. The Court will deny without prejudice to renew all Orders to Show Cause to be relieved as counsel if not delivered to client.

CRITICAL

Applies to

Note of issue and inquest date request letter

Service

Mail to opposing party

Plaintiff must serve the Note of Issue and inquest-request letter on the defendant by first-class mail within 10 days of filing them in NYSCEF and upload an affidavit of service within 10 days after service.

Plaintiff shall serve a copy of the Note of Issue and the letter requesting an inquest on defendant by first class mail within 10 days of filing the documents in NYSCEF and upload an affidavit of service within 10 days of said service.

CRITICAL

Applies to

Default judgment

Service

Mail to opposing party

Plaintiff must serve the defendant with the default-judgment decision and order and notice of entry at least 10 days before requesting an inquest date, using the methods specified in the decision and order or, absent such direction, first-class mail and registered mail with return receipt requested, and must upload proof of service to NYSCEF.

Plaintiff shall serve a copy of the decision and order granting a default judgment with notice of entry upon defendant by the methods set forth in the decision and order, and if no such directive is included in the decision and order, then defendant shall be served with a copy of the decision and order with notice of entry by first class mail and registered mail, return receipt requested, 10 DAYS prior to plaintiff’s request seeking an inquest date. Proof of said service shall be uploaded to NYSCEF.

CRITICAL

Deadline

24 hours

Applies to

Injunctive relief motion papers

Service

Email

At least 24 hours before the intended hearing, a Part 17 movant seeking injunctive relief must email the motion papers to opposing counsel, call opposing counsel, and upload a copy to NYSCEF.

In Part 17, a movant seeking injunctive relief must e-mail their motion papers to opposing counsel, call opposing counsel, and UPLOAD A COPY TO NYSCEF, at least 24 hours prior to when the movant wishes to be heard on the application.

CRITICAL

Compliance with every service requirement in the signed order to show cause is mandatory, and failure results in denial of the motion.

Movant must strictly comply with all service requirements directed in the signed OTSC. Failure to do so will result in denial of the motion.

CRITICAL

Applies to

Written adjournment request

A written request for an adjournment after unsuccessful consent efforts must be served on all parties.

If a party is unable to obtain an adjournment on consent, then that party shall make a written request for an adjournment explaining efforts made to obtain an adjournment on consent. The request shall be served upon all parties.

CRITICALCivil cases

Service

Email to clerk

For a non-e-filed order to show cause, proof of service must be emailed to the Part Clerk by 9:00 a.m. on the return date to avoid possible denial.

3. Proof of service must be emailed to the Part Clerk by 9:00 a.m. on the return date. Non-compliance may result in a denial of the order to show cause.

CRITICALCivil cases

Service

Electronic service

For an e-filed order to show cause, proof of service must be e-filed by 9:00 a.m. on the return date to avoid possible denial.

E-Filed Motions: Proof of service must be e-filed by 9:00 a.m. on the return date. Non-compliance may result in a denial of the order to show cause.

CRITICALCivil cases

The conference adjournment request must be sent to all parties.

The request must be sent to all parties.

CRITICALCivil cases

Applies to

Adjournment request

A motion-adjournment request must be copied to every party.

The request must be copied to all parties.

CRITICALCivil cases

Inquiries and correspondence to the Court must state that a copy was simultaneously sent to all other parties.

All inquiries/correspondence to the Court must indicate that a copy was sent to all other parties simultaneous with transmittal to the Court.

CRITICALCivil cases

Applies to

Order to show cause

Service

Email to clerk

Proof of service for an Order to Show Cause must be emailed to the Part Clerk by 9:00 a.m. on the return date, and noncompliance may result in denial.

Proof of service must be emailed to the Part Clerk by 9:00 a.m. on the return date. Non-compliance may result in a denial of the order to show cause.

CRITICALCivil cases

Applies to

Proof of service

Service

Electronic service

Proof of service for an electronically filed Order to Show Cause is due by 9:00 a.m. on the return date.

Proof of service must be e-filed by 9:00 a.m. on the return date.

CRITICALCivil cases

An order, judgment, counter-order, or counter-judgment submitted for signature must include an affidavit of service and the required notice of settlement.

Orders, judgments, counter-orders and/or counter-judgments submitted for signature on notice will not be signed unless an affidavit of service and notice of settlement for a date designated in accordance with 22 NYCRR 202.48 has been included.

CRITICALCivil cases

Service

Electronic service to opposing party

Notice of entry must be served on another party by filing the written order or judgment and written notice of entry with NYSCEF.

A party shall serve notice of entry of an order or judgment on another party by serving a copy of the written order or judgment and written notice of its entry by filing them with the NYSCEF site

CRITICALCivil cases

Service

Mail to opposing party

Notice of entry may alternatively be served on another party by mailing a hard copy using a method authorized by CPLR § 2103[b][1] through [6].

A party shall serve notice of entry of an order or judgment on another party by serving a copy of the written order or judgment and written notice of its entry ... by mailing a hard-copy by any method set forth in CPLR § 2103[b][1] to [6] (22 NYCRR §202.5- b[h][2])

CRITICAL

Applies to

Order to show cause

A pro se litigant unable to email must file proof of service with the court no later than the day before the return date.

k. Pro Se litigants unable to email, must file proof of service with the Court by no later than the day prior to the return date. Non-compliance may result in denial of the Order to Show Cause.

CRITICAL

Service

Email to court

For an order to show cause, proof of service must be emailed to the listed addresses by 9:30 AM on the return date, or the order may be denied.

j. Proof of service must be emailed to fserrano@nycourts.gov and bxsupciv-ia22@nycourts.gov by 9:30 AM on the return date. Non-compliance may result in denial of the Order to Show Cause.

CRITICAL

Applies to

Proof of service

Service

Email to court

Proof of service for an order to show cause must be filed with the Clerk and emailed to all three listed court addresses by 9:00 AM one day before the return date; noncompliance results in denial.

Proof of service must be filed with the Clerk, and e-mailed to the Court (enewcomb@nycourts.gov; cchambless@nycourts.gov and bxsupciv-IA25@nycourts.gov). by 9:00 AM one day prior to the return date. Non-compliance shall result in denial of the Order to Show Cause.

CRITICAL

Inquest submissions must include proof of service for all papers and exhibits submitted to the court, together with notice of the inquest date, time, and location as required by the CPLR.

v. Proof of service of all papers and exhibits submitted to the court, along with notice of the inquest date, time, and location on all opposing parties to the extent required by the CPLR;

CRITICAL

Applies to

Notice of appearance

Each attorney notified of a scheduled appearance must notify all other parties by email of the assigned date and time.

Second, each attorney who receives notification of an appearance on a specific date and time is responsible for notifying all other parties by e-mail that the matter is scheduled to be heard on that assigned date and time (Section 202.23[c]).

CRITICAL

Applies to

Proof of service

Service

Email to court

After providing the required TRO notice, the movant must immediately e-file proof of that notice's service to NYSCEF.

The movant must then immediately e-file proof of service of such notice to NYSCEF.

CRITICAL

Applies to

Default judgment decision and notice of entry

The plaintiff must serve the default-judgment decision and notice of entry using the order's specified method, or first-class and registered mail if none is specified, at least ten days before requesting an inquest date, and upload proof to NYSCEF.

Plaintiff shall serve a copy of the decision and order granting a default judgment with notice of entry upon defendant by the methods set forth in the decision and order, and if no such directive is included in the decision and order, then defendant shall be served with a copy of the decision and order with notice of entry by first class mail and registered mail, return receipt requested, ten (10) days prior to plaintiff’s request seeking an inquest date. Proof of said service shall be uploaded to NYSCEF.

CRITICAL

Deadline

24 hours

Applies to

Motion

Service

Email to opposing party

Absent significant prejudice, a TRO movant must email the motion papers to opposing counsel, call opposing counsel, and upload a copy to NYSCEF at least 24 hours before the requested hearing time.

In the absence of significant prejudice, a movant seeking a TRO must email their motion papers to opposing counsel, call opposing counsel, and UPLOAD A COPY TO NYSCEF at least 24 hours prior to when the movant wishes to be heard on the application.

CRITICAL

Applies to

Order to show cause

Failure to strictly follow the signed OTSC's service directions or to e-file proof of service by its deadline results in denial of the motion.

If the movant does not strictly comply with the service directed in the signed OTSC or fails to e-file proof of service by the deadline set in the signed OTSC, the motion will be denied.

CRITICAL

Applies to

Subpoena

A subpoena sent to a non-party must be copied to all parties and include or be accompanied by a notice stating the reasons the requested disclosure is sought or required.

Any subpoena sent to a non-party must be copied to all parties to the action and must contain, or be accompanied by a notice, stating the reasons the requested disclosure is sought or required.

CRITICAL

Applies to

Media exhibit

Service

Mail to all parties

A party unable to e-file an accessible media link must mail the media to chambers on a flash drive and send a duplicate to every other case party.

If unable to do so, these materials shall be mailed to chambers on a flash drive, and a duplicate copy shall be sent to all other parties to the case.

CRITICAL

Applies to

Proof of service

Service

Email

Failure to e-file proof of service of the TRO notice may delay consideration of the application or lead to outright denial.

Failure to e-file proof of service of such notice may result in delayed consideration of the TRO application or even outright denial.

CRITICAL

Applies to

Note of issue and inquest scheduling request

Service

Mail to opposing party

The plaintiff must serve the Note of Issue and inquest request by first-class mail within ten days of NYSCEF filing and upload an affidavit of service within ten days after service.

Plaintiff shall serve a copy of the Note of Issue and the letter requesting the scheduling of an inquest on defendant by first class mail within ten (10) days of filing the documents in NYSCEF and upload an affidavit of service within ten (10) days of said service.

CRITICAL

Applies to

Governmental agency subpoena

Notice must be provided to the relevant governmental agency when seeking a subpoena from it.

Notice must be provided to governmental agencies that a subpoena is being sought.

CRITICALCivil cases

Applies to

Bill of particulars

When a defendant demands authorizations with a Bill of Particulars, plaintiff’s counsel must serve the authorizations with the Bill of Particulars.

When a defendant serves a demand for authorizations together with a demand for a BP, Counsel for plaintiff shall serve the authorizations with the BP.

CRITICAL

Applies to

Letter

Service

Mail to opposing party

The movant must send the notice letter to the defaulting party by certified mail, including the motion's new return date.

If a motion is for default, and the date is rescheduled by the Court because the movant noticed it on a day that is not a Thursday, the movant must file proof on NYSCEF that they have sent a letter to the defaulting party, by certified mail, with the new return date of the motion.

CRITICAL

Service

Email to opposing party

The chambers communication concerning withdrawal must include the adverse party.

Please include your adversary on the communication.

CRITICAL

Motion notice and all served papers must comply with the cited CPLR and Uniform Rules service-time requirements.

Notice of motions must be served in accordance with CPLR. All papers served must comply with the time requirements of CPLR and 22 NYCRR §202.7.

CRITICAL

Applies to

Privilege log

The objecting party must serve a privilege log at least seven days before inspection and provide the court a copy with proof of service on the inspection date.

The party opposing the disclosure shall serve a privilege log on the party seeking disclosure at least seven (7) days prior to the inspection date and shall provide the Court with a copy of the privilege log, with proof of service, on the date of inspection.

CRITICAL

Deadline

48 hours

Applies to

Order to show cause

Service

Mail

An affidavit of service and specified mailing evidence must be included and e-filed through NYSCEF at least 48 hours before the order to show cause’s return date.

Proof of service by Affidavit of Service along with copies of first class Certificates of Mailing; Overnight Airbill; or certified mail receipt shall be included, and e-filed via NYSCEF at least 48 hours prior to the return date of the Order to Show Cause.

CRITICALCivil cases

Service

Email to all parties

All other parties must be copied on any email sent to the court.

Please make sure to copy all other parties in the case on any e-mail sent to the Court.

CRITICAL

Applies to

Rji

The party filing the RJI must file proof of service of the RJI, the preliminary-conference request, and the notice on the opposing litigant or attorney no later than ten days before the preliminary conference.

The party that filed the RJI must file proof of service of the RJI, the request for preliminary conference and this notice on the opposing litigant/attorney no later than ten (10) days before the preliminary conference.

CRITICAL

Service

Personal service

Initial post-judgment applications require personal service on the litigant unless waived, and service on prior counsel is defective.

Initial post-judgment applications must be personally served on litigant unless waived by the Court or adversary. Service on prior counsel is defective service.

CRITICAL

Applies to

Proposed exhibits

Parties must exchange proposed exhibits no later than fifteen days before the pretrial conference.

Parties shall exchange proposed exhibits no later than fifteen (15) days prior to the pretrial conference.

CRITICAL

Applies to

Summons

Service of a summons must include copies of the Automatic Orders, the Notice of Domestic Relations Law § 255, and the Notice of the Maintenance Guidelines.

Pursuant to Domestic Relations Law § 236 B (2), when serving a summons, a copy of the Automatic Orders, Notice of Domestic Relations Law § 255, and Notice of the Maintenance Guidelines must also be served.

CRITICAL

Applies to

Order to show cause or consolidation motion

Orders to show cause and consolidation motions must be served on all Family Court attorneys of record when a Family Court action is pending.

All orders to show cause and motions for consolidation must be served on all attorneys who have appeared or been appointed in the Family Court if there is presently an action pending in Family Court.

CRITICAL

Applies to

Subpoena

Subpoenas seeking documents from a state agency or municipality must be served in compliance with CPLR 2307.

Subpoenas seeking documents from a state agency or municipality must be served in compliance with CPLR 2307.

CRITICAL

Applies to

Notice of preliminary conference

The responsible party must notify the adversary, successor adversary, or self-represented litigant of the preliminary conference date.

It is your responsibility to notify your adversary, any successor adversary, or any self-represented litigant of the preliminary conference date.

WARNING

Failure to electronically file proof of service may delay consideration of the TRO application or result in denial of injunctive relief.

Failure to e-file proof of service may result in delayed consideration of the TRO application or denial of the injunctive relief.

WARNING

Applies to

Paper

Every paper filed in court must include appropriate proof of service on all parties when service is required.

In addition to complying with the provisions of CPLR 2101, every paper filed in court shall have annexed thereto appropriate proof of service on all parties where required

WARNING

Applies to

First paper

The party filing the first paper must promptly communicate the county clerk's index number in writing to all other parties.

The party causing the first paper to be filed shall communicate in writing the county clerk’s index number forthwith to all other parties to the action.

WARNINGCivil cases

Service

Email to all parties

All parties must be copied on email communications to the Court.

Make sure that all parties are included on any e-mail communication to the Court.

INFO

Applies to

Case scheduling order

Service

Electronic service to all parties

Parties appearing in NYSCEF are deemed served with the case scheduling order when it is filed.

All parties appearing in NYSCEF will be deemed served with the CSO upon its filing.

INFO

Applies to

Proposed exhibit

The proposed exhibit should be exchanged 10 days prior to trial.

The proposed exhibit should be exchanged 10 days prior to trial.