Legislation
SECTION 316
Service by publication
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 3
Rule 316. Service by publication. (a) Contents of order; form of
publication; filing. An order for service of a summons by publication
shall direct that the summons be published together with the notice to
the defendant, a brief statement of the nature of the action and the
relief sought, and, except in an action for medical malpractice, the sum
of money for which judgment may be taken in case of default and, if the
action is brought to recover a judgment affecting the title to, or the
possession, use or enjoyment of, real property, a brief description of
the property, in two newspapers, at least one in the English language,
designated in the order as most likely to give notice to the person to
be served, for a specified time, at least once in each of four
successive weeks, except that in the matrimonial action publication in
one newspaper in the English language, designated in the order as most
likely to give notice to the person to be served, at least once in each
of three successive weeks shall be sufficient. The summons, complaint,
or summons and notice in an action for divorce or separation, order and
papers on which the order was based shall be filed on or before the
first day of publication.
(b) Mailing to accompany publication in matrimonial actions. An order
for service of a summons by publication in a matrimonial action shall
also direct that on or before the first day of publication a copy of the
summons be mailed to the person to be served unless a place where such
person probably would receive mail cannot with due diligence be
ascertained and the court dispenses with such mailing. A notice of
publication shall be enclosed.
(c) Time of publication; when service complete. The first publication
of the summons shall be made within thirty days after the order is
granted. Service by publication is complete on the twenty-eighth day
after the day of first publication, except that in a matrimonial action
it is complete on the twenty-first day after the day of first
publication.
publication; filing. An order for service of a summons by publication
shall direct that the summons be published together with the notice to
the defendant, a brief statement of the nature of the action and the
relief sought, and, except in an action for medical malpractice, the sum
of money for which judgment may be taken in case of default and, if the
action is brought to recover a judgment affecting the title to, or the
possession, use or enjoyment of, real property, a brief description of
the property, in two newspapers, at least one in the English language,
designated in the order as most likely to give notice to the person to
be served, for a specified time, at least once in each of four
successive weeks, except that in the matrimonial action publication in
one newspaper in the English language, designated in the order as most
likely to give notice to the person to be served, at least once in each
of three successive weeks shall be sufficient. The summons, complaint,
or summons and notice in an action for divorce or separation, order and
papers on which the order was based shall be filed on or before the
first day of publication.
(b) Mailing to accompany publication in matrimonial actions. An order
for service of a summons by publication in a matrimonial action shall
also direct that on or before the first day of publication a copy of the
summons be mailed to the person to be served unless a place where such
person probably would receive mail cannot with due diligence be
ascertained and the court dispenses with such mailing. A notice of
publication shall be enclosed.
(c) Time of publication; when service complete. The first publication
of the summons shall be made within thirty days after the order is
granted. Service by publication is complete on the twenty-eighth day
after the day of first publication, except that in a matrimonial action
it is complete on the twenty-first day after the day of first
publication.