New York Supreme Court, New York County Service and Proof of Service Rules
55 rules from official source documents
E-service, mail, personal service, proof of service, certificate, and timing requirements.
CRITICAL
- Applies to
- Order
- Service
- Electronic service
When a NYSCEF order directs the County Clerk to act, counsel must serve the order by filing a completed NYSCEF Form EF-22 notice with NYSCEF.
If an order in a NYSCEF case directs that the County Clerk take action, a copy of the order must be served on the County Clerk (CPLR § 8019 (c)), as the order will usually expressly provide. This shall be done by filing with NYSCEF a completed Notice to the County Clerk - CPLR § 8019 (c) (NYSCEF Form EF-22, available on the NYSCEF site).
CRITICAL
- Applies to
- Interlocutory document
- Service
- Electronic service to all parties
Interlocutory documents are served by posting them to NYSCEF, which immediately emails notice and a link to participating counsel and unrepresented litigants.
Pursuant to the E-Filing Rules, service of interlocutory documents is made by posting a document to the NYSCEF site, which automatically and immediately transmits an e-mail notice of the filing, including a link to the document, to all participating counsel and unrepresented litigants on the case.
CRITICAL
- Applies to
- Order
- Service
- Email to clerk
In addition, counsel shall set forth in the body of the e-mail message a concise description of the action directed by the order.
In addition, counsel shall set forth in the body of the e-mail message a concise description of the action directed by the order.
CRITICALCivil cases
- Applies to
- Proof of service of automatic orders
Proof of service of the automatic orders under DRL 236 is required in the uncontested-divorce papers.
Proof of Service of Automatic Orders - DRL 236
CRITICAL
- Applies to
- Notice of appeal
- Service
- Electronic service to all parties
Participating parties are served through NYSCEF unless a party uses another CPLR-authorized method, in which case proof of service must be e-filed.
The other participating parties to the case will be served via NYSCEF, except where a party chooses to serve by another method authorized by the CPLR, in which case proof of such service shall be e-filed.
CRITICALCivil cases
- Applies to
- Order affecting trial status
Counsel must serve a copy of any order affecting a case’s trial status on the General Clerk’s Office.
A copy of any order affecting the trial status of a case (e.g., striking a note of issue) shall be served on the General Clerk’s Office.
CRITICALCivil cases
- Applies to
- Order affecting caption
Counsel must serve copies of caption-affecting orders on both the General Clerk’s Office and the County Clerk so their records can be corrected.
A copy of any order affecting the caption of a case (e.g., amendment, substitution, correction of errors) shall be served by counsel upon the General Clerk’s Office (Room 119) and upon the County Clerk (Room 141B) so that the court’s records and the County Clerk’s records may be corrected.
CRITICAL
- Applies to
- Order
- Service
- Electronic service
When an order directs service on the Clerk of the General Clerk's Office, the filer must submit it through NYSCEF using the specified document type.
If the order directs service on the Clerk of the General Clerk’s Office, the filer shall make the submission using the NYSCEF document type “Service on Supreme Court Clerk (Genl. Clerk) w/Copy of Order.”
CRITICAL
- Applies to
- Order
- Service
- Email to clerk
In a hard-copy case, required notice to the back-office clerk must be given by e-mailing a copy of the order, with notice of entry if the court so directs.
Where notification needs to be served on the back-office Clerk in a hard-copy case, such notice shall be given by transmitting a copy of the order by e-mail, with notice of entry if the court has so directed, to the appropriate e- mail box.
CRITICAL
- Applies to
- Order
- Service
- Email to clerk
The order-service email must use the subject line “Service of Order” and briefly identify the order type.
Counsel shall put in the subject line “Service of Order” and a brief identification of the type of order involved (e.g. “Order of Consolidation,” “Order Striking Note of Issue”).
CRITICAL
- Applies to
- Order or judgment
NYSCEF notifications do not constitute service; a party must serve the copy and written notice of entry under Uniform Rule 202.5-b(h)(2), without delivering a hard copy to the County Clerk's Office.
Notifications of the posting of an order/decision and order/judgment and of the completion of the entry process that are transmitted from NYSCEF do not constitute service of notice of entry by any party. Notice of entry shall be served by a party by serving a copy of the order/decision and order/ judgment and written notice of its entry in the manner set forth in Uniform Rule 202.5-b (h) (2). No hard copy should be delivered to the County Clerk’s Office.
CRITICALCivil cases
- Applies to
- Notice of conference
The attorney must serve a Notice of Conference on all parties at least five days before the appearance, include the conference information and proposed approval order unless already served, and submit proof of service at the conference.
An attorney seeking approval of such a proposal shall serve on all parties, at least five days prior to the scheduled appearance, a Notice of Conference on Proposed Infant’s [or other] Compromise. This Notice shall indicate the date, time and place of the conference. A copy of the proposed order of approval shall be annexed to the Notice unless previously served upon all parties. Said attorney shall submit to the court at the conference proof of service of such Notice.
CRITICAL
When service is made by another CPLR-permitted method, proof of service must be filed through NYSCEF.
The Rules also authorize service by other methods permitted by the CPLR. If service by such a method is made, proof of service must be filed with NYSCEF.
CRITICAL
- Applies to
- Order
- Service
- Electronic service
When an order directs service on the Special Referee Clerk, the filer must submit it through NYSCEF using the specified document type.
If the submission is to be served on the Special Referee Clerk, the filer shall make the submission using the NYSCEF document type “Service on Special Referee Clerk w/Copy of Order.”
CRITICALCivil cases
- Applies to
- Order affecting caption or trial status
After a motion affecting a case's caption or trial status is granted, the prevailing attorney must serve the order on both clerks in hard-copy cases or through NYSCEF in e-filed cases.
If a motion affecting the caption or the trial status of a case (e.g., a motion to correct a caption, to substitute a party, to amend, to strike a note of issue, to restore to the trial calendar, or to obtain a preference) is granted, the prevailing attorney must serve a copy of the court’s order on both the County Clerk and the General Clerk's Office in a hard-copy case or via NYSCEF in an e-filed case.
CRITICALCivil cases
- Applies to
- Preliminary conference request
A request for a preliminary conference must be filed with the General Clerk's Office with proof of service to obtain scheduling.
Preliminary conferences sought by parties pursuant to Rule 202.12 of the Uniform Rules for the Trial Courts are scheduled upon filing with the General Clerk's Office (Room 119) of a request for a preliminary conference with proof of service.
CRITICALCivil cases
- Applies to
- Summons and complaint or summons with notice
The initiating papers must be served on the defendant within 120 days after filing in the County Clerk’s Office, and untimely service may result in dismissal upon motion.
The plaintiff must cause the summons and complaint or summons with notice to be served within 120 days of the date the summons and complaint were filed in the County Clerk’s Office. Failure to serve the defendant on time can result in dismissal upon motion. See CPLR 306-b.
CRITICAL
- Applies to
- Form
The executed opt-out form must be served on all parties and filed in person with proof of service at the County Clerk’s E-File Department.
The executed form shall be served on all parties and shall be filed with proof of service with the County Clerk’s E-File Department in person (60 Centre St., Room 141B).
CRITICAL
- Deadline
- 3 business days
- Applies to
- Supporting documents
Proof of hard copy service must be e-filed with the supporting papers within three business days after service.
the filer (except one who is exempt from mandatory e-filing) shall, no later than three business days after service, e-file the supporting papers (designating them in the NYSCEF document filing menu as Supporting Papers to OSC (After Service)), together with proof of hard copy service.
CRITICALCivil cases
Proof of service, in the form of a filed affidavit of service, is mandatory for every movant.
All movants must make certain that an affidavit of service is filed via NYSCEF.
CRITICALCivil cases
Relief will be denied if a proper affidavit of service is not filed.
Without a proper affidavit of service, relief will be denied.
CRITICAL
- Applies to
- Direct affidavit
A party intending to use a direct affidavit must provide a copy to the court and all parties at least three days before the witness testifies.
If the parties intend to use direct affidavits, the party must provide the Court and all parties with a copy of the affidavit at least three (3) days before the witness is scheduled to testify.
CRITICAL
Copies of Court communications must be simultaneously delivered to all counsel or self-represented parties.
With copies simultaneously delivered to all counsel or self-represented parties.
CRITICALCivil cases
- Applies to
- Motion
Every movant must file a proper affidavit of service through NYSCEF, and relief will be denied without it.
All movants must make certain that an affidavit of service is filed via NYSCEF. Without a proper affidavit of service, relief will be denied.
CRITICAL
- Service
- Email to all parties
Judicial-subpoena documents must be emailed to the Part Clerk and Chambers, with all parties copied.
The documents must be emailed to the Part Clerk and Chambers with all parties in the action copied.
CRITICALCivil cases
- Applies to
- Bill of particulars
Failure to serve a Bill of Particulars before the first DCM conference may result in the plaintiff being precluded from offering trial evidence.
If a Bill of Particulars has not been served, the first DCM order may preclude plaintiff from offering any evidence at trial.
CRITICALCivil cases
- Applies to
- Bill of particulars
Plaintiffs must serve a Bill of Particulars before the first DCM conference.
Additionally, plaintiffs must serve a Bill of Particulars prior to the first DCM conference.
CRITICAL
- Applies to
- Motion and opposition papers
- Service
- Email to court
Motion and opposition papers, if any, must also be emailed to the Part 37 email address with all parties copied.
In addition to filing the Motions in Limine, motion papers and opposition papers (if any) must also be emailed to the Part 37 email with all parties copied.
CRITICAL
- Applies to
- Judicial subpoena
- Service
- Email to clerk
Parties seeking a judicial subpoena must email the documents for review and an attorney affirmation explaining why the subpoena is necessary to sfc-part37-clerk@nycourts.gov, copying only the parties to the action.
Parties seeking a judicial subpoena must include the documents for review and an attorney affirmation giving the reasons why a judicial subpoena is necessary. The documents must be emailed as attachments to sfc-part37-clerk@nycourts.gov with only the parties to the action copied.
CRITICALCivil cases
- Applies to
- Settlement agreement
- Service
The SBT Settlement Agreement must be emailed to the Clerk of Part 23 with all parties copied on the effective date.
The parties certify that the entire document is the SBT Settlement Agreement and that it will be both filed to NYSCEF and emailed to the Clerk of Part 23, cc’ing all parties, on the effective date.
CRITICALCivil cases
- Applies to
- OSC
- Service
- Personal service
OSCs seeking relief under CPLR 321(b)(2) must require personal service under CPLR 308 and 311; substituted service may not be used.
OSCs seeking relief pursuant to CPLR 321(b)(2) must set forth that service of the papers on the client to be served shall be made by personal service pursuant to CPLR 308, 311, etc. Substituted service pursuant to Business Corporation Law § 306, etc. may not be used.
CRITICALCivil cases
- Applies to
- In limine or other application
Copies of all in limine and other applications must be provided to all parties.
Prior to the start of trial, the parties must furnish all in limine or other applications in electronic format to the court as soon as practicable or as specifically scheduled at any pre-trial conference, with a copy to all parties.
CRITICALCivil cases
- Applies to
- Osc
- Service
- Personal service
OSCs seeking relief under CPLR 321(b)(2) must request personal service under CPLR 308 and 311, and may not use substituted service under Business Corporation Law § 306.
OSCs seeking relief pursuant to CPLR 321(b)(2) must set forth that service of the papers on the client to be served shall be made by personal service pursuant to CPLR 308, 311, etc. Substituted service pursuant to Business Corporation Law § 306 may not be used.
CRITICAL
When a defendant demands medical authorizations together with a Bill of Particulars, plaintiff’s counsel must serve the requested authorizations at the same time as the Bill of Particulars.
Where a defendant serves a demand for medical authorizations together with a demand for a Bill of Particulars, Plaintiff’s counsel shall serve the requested authorizations contemporaneously with the BP.
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 and Mr. Rand 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 and Mr. Rand at least 24 hours in advance of when the movant wants to be heard on its TRO application.
CRITICAL
- Applies to
- Order or stipulation
Orders on motions and stipulations to consolidate, sever claims, or amend captions must be served with notice of entry on the County Clerk and General Clerk’s Office under Section J of the applicable electronic-filing protocol.
All orders on motions or stipulations to consolidate, to sever claims or to amend captions shall be served with notice of entry on the County Clerk and the General Clerk’s Office in accordance with Section J of the Protocol on Courthouse and County Clerk Procedures for Electronically Filed Cases
CRITICAL
- Service
Failure to electronically file proof of TRO notice containing the opposing side’s email address may delay consideration of the application.
The failure to e-file proof of such notice that includes the other’s side’s email address may result in delayed consideration of the TRO.
CRITICAL
- Applies to
- Letter
- Service
- Email to all parties
Copies of letters to the judge must be emailed simultaneously with filing to all counsel and self-represented parties.
LETTERS: Letters to the Judge are strongly discouraged absent an emergency. Letters shall be filed to NYSCEF with copies simultaneously emailed to all counsel and self-represented parties.
CRITICALCivil cases
A temporary-restraint application must include proof of advance adversary notice identifying when, where, and how the application will be presented, or a reasonable explanation for omitting notice.
If a party seeks a temporary restraint in an Order to Show Cause, they MUST provide proof that their adversary was notified about the application and the time, date and manner that the application will be presented for signature or provide a reasonable explanation why such advance notice cannot be provided.
CRITICALCivil cases
- Service
An attorney notified of an appearance must notify all other parties by email of the assigned hearing date and time.
Pursuant to Uniform Civil Rules for the Supreme Court and the County Court § 202.23(c), “each attorney who receives notification of an appearance on a specific date and time is responsible for notifying all other parties by email that the matter is scheduled to be heard on that assigned date and time.”
CRITICAL
- Applies to
- Order to show cause
The party must send all parties or their counsel a copy of the unsigned order to show cause and a letter stating the date, time, and location of the interim-relief hearing.
The party must then forward a copy of the unsigned order to show cause to all parties or their counsel, together with a letter notifying them of the date, time and location that the parties will be heard on the request for interim relief.
CRITICAL
- Service
- Email to all parties
Every letter or email sent to the Part Clerk must be copied to all other attorneys or unrepresented parties appearing in the action.
All letters or emails directed to the Part Clerk shall be copied to all other attorneys or unrepresented parties appearing in the action.
CRITICAL
- Applies to
- Initial disclosures
Initial disclosures must be written, signed, and served.
The disclosures must be in writing, signed, and served.
CRITICALCivil cases
- Applies to
- Unsigned order
A movant seeking interim relief other than an ex parte order of protection must forward the unsigned order to every party or counsel with a letter stating the hearing date, time, and location.
If the Order to Show Cause seeks a temporary restraining order or other interim relief (other than an ex parte application for an order of protection), the movant must first contact the Part Clerk to obtain a date and time to present the order to the Court, and must forward a copy of the unsigned order to all parties or their counsel together with a letter notifying them of the date, time, and location of the hearing on the request for interim relief.
CRITICAL
The movant must send all parties or counsel an unsigned copy of the OSC and a letter stating the date, time, and location of the interim-relief hearing.
The movant must then forward a copy of the unsigned OSC to all parties or their counsel, together with a letter notifying them of the date, time and location that the parties will be heard on the request for interim relief.
WARNINGCivil cases
- Applies to
- Demand
A demand not already provided must be given to the defendants before the Judicial Mediation conference.
A demand, if not already provided, must be provided to the defendant(s) in advance of this conference so as to facilitate discussion at the conference.
WARNINGCivil cases
- Applies to
- Demand
A demand not already provided must be given to the defendants, and counsel must contact the Transit Authority in advance to transmit it before the settlement conference.
A demand, if not already provided, must be provided to the defendant(s) in advance of this conference so as to facilitate discussion at the conference. Counsel must contact the Transit Authority (718-694-3991) in advance of the conference to transmit the demand.
WARNINGCivil cases
- Service
- Email to clerk
In a hard-copy case, the General Clerk's Office may be served by email under Section J(2) of the E-Filing Protocol.
In a hard-copy case, the General Clerk’s Office may be served by e-mail as provided in Section J (2) of the E-Filing Protocol on the “E-Filing” page on this website.
WARNING
- Applies to
- Order
When an order requires service on both the County Clerk and a back office, counsel must follow both specified service procedures.
If an order needs to be served on both the County Clerk and a back office, counsel should follow the steps set forth in both Par. 1 and Par. 2 of this Section.
WARNING
- Applies to
- Settlement notice
- Service
- Email to clerk
A copy of the settlement or resolution filing must be emailed to the Part Clerk and Law Clerks simultaneously with the NYSCEF filing.
Counsel must notify the Court as soon as practicable of any settlement or resolution of active cases or pending motions, by filing to NYSCEF a Stipulation or Notice reflecting same, with copy emailed simultaneously to the Part Clerk and Law Clerks.
WARNINGCivil cases
Orders concerning consolidation, severance, or caption amendment must be served with notice of entry on the County Clerk and General Clerk’s Office.
All orders on motions or stipulations to consolidate, to sever claims or to amend captions shall be served with notice of entry on the County Clerk and the General Clerk’s Office in accordance with Section J of the Protocol on Courthouse and County Clerk Procedures for Electronically Filed Cases
WARNINGCivil cases
A copy of each motion in limine must be provided to all parties.
Motions in limine shall be presented in writing to the court and e-filed as soon as practicable or as specifically scheduled at any pre-trial conference, with a copy to all parties.
WARNING
Proposed orders submitted for signature between adjournment dates must be provided on notice to all applicable counsel and self-represented litigants.
All submissions of proposed orders for signature made between adjourn dates, must be on notice to all counsel and self-represented litigants, if applicable.
INFO
- Applies to
- Order
- Service
- Email to clerk
Order notice must be emailed to genclerk@nycourts.gov for the General Clerk’s Office or spref-nyef@nycourts.gov for the Special Referee.
The relevant Clerk shall once again be the Clerk of the General Clerk’s Office or the Special Referee Clerk. The relevant e-mail addresses are as follows: Clerk of the General Clerk’s Office, Rm. 119: genclerk@nycourts.gov Special Referee: spref-nyef@nycourts.gov
INFO
- Applies to
- Notice of court appearance
- Service
- Electronic service
Notices of court appearances are provided through the New York State Unified Court System’s eCourts website.
Notice of court appearances is provided by the New York State Unified Court System’s eCourts website, accessible at https://iapps.courts.state.ny.us/webcivil/FCASMain.
What rule applies to service for order in New York Supreme Court, New York County?
Details: method: e-service. When a NYSCEF order directs the County Clerk to act, counsel must serve the order by filing a completed NYSCEF Form EF-22 notice with NYSCEF.
7 more rules answer this question.
What rule applies to service for interlocutory document in New York Supreme Court, New York County?
Details: method: e-service, recipient: all parties. Interlocutory documents are served by posting them to NYSCEF, which immediately emails notice and a link to participating counsel and unrepresented litigants.
What rule applies to service for proof of service of automatic orders in New York Supreme Court, New York County?
Proof of service is required for the covered service rule. Proof of service of the automatic orders under DRL 236 is required in the uncontested-divorce papers.
What rule applies to service for notice of appeal in New York Supreme Court, New York County?
Details: method: e-service, recipient: all parties. Participating parties are served through NYSCEF unless a party uses another CPLR-authorized method, in which case proof of service must be e-filed.
What rule applies to service for order affecting trial status in New York Supreme Court, New York County?
Details: recipient: the clerk. Counsel must serve a copy of any order affecting a case’s trial status on the General Clerk’s Office.
What rule applies to service for order affecting caption in New York Supreme Court, New York County?
Details: recipient: the clerk. Counsel must serve copies of caption-affecting orders on both the General Clerk’s Office and the County Clerk so their records can be corrected.
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