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This entry was published on 2022-05-13
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SECTION 3012
Service of pleadings and demand for complaint
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 30
§ 3012. Service of pleadings and demand for complaint. (a) Service of
pleadings. The complaint may be served with the summons, except that in
an action arising out of a consumer credit transaction, the complaint
shall be served with the summons. A subsequent pleading asserting new or
additional claims for relief shall be served upon a party who has not
appeared in the manner provided for service of a summons. In any other
case, a pleading shall be served in the manner provided for service of
papers generally. Service of an answer or reply shall be made within
twenty days after service of the pleading to which it responds.

(b) Service of complaint where summons served without complaint. If
the complaint is not served with the summons, the defendant may serve a
written demand for the complaint within the time provided in subdivision
(a) of rule 320 for an appearance. Service of the complaint shall be
made within twenty days after service of the demand. Service of the
demand shall extend the time to appear until twenty days after service
of the complaint. If no demand is made, the complaint shall be served
within twenty days after service of the notice of appearance. The court
upon motion may dismiss the action if service of the complaint is not
made as provided in this subdivision. A demand or motion under this
subdivision does not of itself constitute an appearance in the action.

(c) Additional time to serve answer where summons and complaint not
personally delivered to person to be served within the state. If the
complaint is served with the summons and the service is made on the
defendant by delivering the summons and complaint to an official of the
state authorized to receive service in his behalf or if service of the
summons and complaint is made pursuant to section 303, paragraphs two,
three, four or five of section 308, or sections 313, 314 or 315, service
of an answer shall be made within thirty days after service is complete.

(d) Extension of time to appear or plead. Upon the application of a
party, the court may extend the time to appear or plead, or compel the
acceptance of a pleading untimely served, upon such terms as may be just
and upon a showing of reasonable excuse for delay or default.