Legislation
SECTION 306
Proof of service
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 3
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, the process server's perception of the person's: gender, race, 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.
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, the process server's perception of the person's: gender, race, 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.