Legislation
SECTION 89-U
Process server records, penalties
General Business (GBS) CHAPTER 20, ARTICLE 8
§ 89-u. Process server records, penalties. 1. Each process server
shall maintain a legible record of all service made by him as prescribed
in this section.
2. The record to be maintained shall include the following
information, where applicable:
a. the title of the action;
b. the name of the person served, if known;
c. the date and approximate time service was effected;
d. the address where service was effected;
e. the nature of the papers served;
f. the court in which the action has been commenced;
g. the index number of the action, if known.
3. If service is effected pursuant to subdivisions one, two, or three
of section three hundred eight of the civil practice law and rules, the
record shall also include the description of the person served,
including, but not limited to, sex, color of skin, hair color,
approximate age, height and weight and other identifying features.
4. If service is effected pursuant to subdivision four of section
three hundred eight of the civil practice law and rules, the record
shall also include the dates, addresses and time of attempted service
pursuant to subdivisions one, two or three of such section.
5. If the process server files an affidavit of service with the court,
his record shall include the date of such filing.
6. Process servers shall retain each record required to be kept under
this article for a period of two years from the date of service. Where a
process server is employed as a process server by any person, a copy of
such records shall also be maintained by such person at his principal
office in this state for the same period.
shall maintain a legible record of all service made by him as prescribed
in this section.
2. The record to be maintained shall include the following
information, where applicable:
a. the title of the action;
b. the name of the person served, if known;
c. the date and approximate time service was effected;
d. the address where service was effected;
e. the nature of the papers served;
f. the court in which the action has been commenced;
g. the index number of the action, if known.
3. If service is effected pursuant to subdivisions one, two, or three
of section three hundred eight of the civil practice law and rules, the
record shall also include the description of the person served,
including, but not limited to, sex, color of skin, hair color,
approximate age, height and weight and other identifying features.
4. If service is effected pursuant to subdivision four of section
three hundred eight of the civil practice law and rules, the record
shall also include the dates, addresses and time of attempted service
pursuant to subdivisions one, two or three of such section.
5. If the process server files an affidavit of service with the court,
his record shall include the date of such filing.
6. Process servers shall retain each record required to be kept under
this article for a period of two years from the date of service. Where a
process server is employed as a process server by any person, a copy of
such records shall also be maintained by such person at his principal
office in this state for the same period.