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

Civil cases

Applies to

Subpoena

Subpoenas for non-party witness depositions must be served no later than 45 days after completion of all party depositions or identification of the witness.

Subpoenas for depositions of non-party witnesses shall be served no later than forty-five (45) days after the completion of all party depositions or forty-five (45) days after identification of said witness.

Applies to

Offer of proof

In a candidate-residency proceeding, a complete written offer of proof must be served on all opposing parties and uploaded to NYSCEF by 9:30 a.m. on the initial return date; failure constitutes waiver and precludes further proof.

In any proceeding alleging a question of residency of a candidate, a complete written offer of proof shall be served upon all opposing parties and uploaded to NYSCEF no later than 9:30 a.m., on the initial return date of the proceeding. Failure to serve and file same shall be deemed a waiver and further proof shall be precluded.

Applies to

Specifications of objections

Newly served specifications of objections must be served on all opposing parties and uploaded to NYSCEF by 9:30 a.m. on the initial return date; failure constitutes waiver and precludes further proof.

Specifications of objections, not previously filed and served with the Board of Elections shall be served upon all opposing parties and uploaded to NYSCEF no later than 9:30 a.m., on the initial return date of the proceeding. Failure to serve and file same shall be deemed a waiver and further proof shall be precluded.

Applies to

Offer of proof

In a fraud proceeding, the complete written offer of proof must be served upon all opposing parties.

A complete written offer of proof, in all matters alleging a question of fraud, including a statement as to the number of witnesses expected to be called, the identification of each such witness (by name, address, volume, page and line) and the status of each such witness (i.e., candidate, signatory, subscribing witness, notary public, etc.) shall be served upon all opposing parties and uploaded to NYSCEF no later than 9:30 a.m., on the initial return date of the proceeding. Failure to serve and file same shall be deemed a waiver and further proof shall be precluded.