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New York Civil Practice Law and Rules 306 - Proof Of Service.

Legal Research Home > New York Lawyer > Civil Practice Laws and Rules > New York Civil Practice Law and Rules 306 - Proof Of Service.

    Rule 306.  Proof  of service. (a) Generally.   Proof of service shall
  specify the papers served, the person who was served and the date, time,
  address, or, in the event there is  no  address,  place  and  manner  of
  service,  and  set  forth  facts showing that the service was made by an
  authorized person and in an authorized manner.
    (b) Personal service.  Whenever  service  is  made  pursuant  to  this
  article  by  delivery  of the summons to an individual, proof of service
  shall also include, in addition to any other requirement, a  description
  of  the  person  to whom it was so delivered, including, but not limited
  to, sex, color of skin, hair color, approximate age, approximate  weight
  and height, and other identifying features.
    (c)  Other service. Where service is made pursuant to subdivision four
  of section three hundred eight of this chapter, proof of  service  shall
  also  specify  the  dates,  addresses and the times of attempted service
  pursuant to subdivisions one, two or three of such section.
    (d) Form. Proof of service shall be in the form of  a  certificate  if
  the  service is made by a sheriff or other authorized public officer, in
  the form of an affidavit if made by any other person, or in the form  of
  a  signed  acknowledgement  of  receipt  of  a summons and complaint, or
  summons and notice or notice of petition  as  provided  for  in  section
  312-a of this article.
    (e) Admission of service. A writing admitting service by the person to
  be served is adequate proof of service.

Last modified: July 31, 2006