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8 Cards in this Set
- Front
- Back
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307. Types of Service.
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Personal - Anyone
Mail - Non Domicl. Court Order - Only if personal service impractible. Can be shown in petition of affidavit. |
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307. Types of service by court order.
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- Publication - cplr 316,308,309. Only in one newspaper.
- If at war, mail to officer of alien nation. - If absentee, publish in paper where absentee was last known to be. - if in adoption proceeding under aec 7 of domes. rel. law or sec. 384b of social serv., publish in newspaper. - Mail. - Service to a designated respondent. - If non domicil. alien interest is under $2,500 or estate is under $25,000, deliver to consular of alien nation. Infant - unless they are petitioner: Father, Mother, Guardian, adult person having care/control or person interested in welfare/educ., and if court feels needs or infant over 14, serve is person too. Incompetent, conservatee: - CPLR 307, 309, 310, 311, 312 and 1025. Creditors - Mail a copy. |
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308. Return of Citation.
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10 Days - State.
20 Days - Out of State. 30 Days - Everything Else. By Publication - CPLR 309. Consular - 30 Days. |
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Who could serve?
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18+.
Party serve process of the court. Personal service w/o state made in matter authorized by cplr 313. |
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Proof of service.
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CPlR 306/4532
unless: Infant under 16 or incompetent. They must admit in writing. |
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Statute of Limitations.
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Filing A Petition, provided process is issued and serviced made by respondent within - 120 Days. -
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What does pleadings consist of?
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PAOA - Petition, answers, objection and account.
Statements in a pleading should give court and parties: - Notice of claim - Objection and defense - Demand for the relief sought. |
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302.3. Copies of all pleadings, EXCEPT and account shall...
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be served upon anyone who appeared in the proceedings and demanded a copy of the papers and upon all parties entered in the minutes. If fails to comply, may be treated in default.
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