What document does the server file to prove how and when service was made?

Study for the New York State Court Assistant Legal Terminology Test. Utilize flashcards and multiple-choice questions, each complete with hints and explanations. Get ready for your exam!

Multiple Choice

What document does the server file to prove how and when service was made?

Explanation:
In New York civil procedure, proving that service was completed requires a sworn statement from the process server detailing who was served, when, and how. That document is the Affidavit of Service. The server signs it under oath, describing the method of service (personal delivery, substituted service, etc.), the date and time, and where it occurred. Filing this affidavit with the court creates a formal record that service happened as required. The other items don’t fit this role: a Notice of Appearance is filed by a defendant who intends to appear in the case but doesn’t serve as proof of service; a Return Date is simply the scheduled court date or the deadline for returning papers, not a sworn statement; a Third-party complaint is a pleading naming another party involved in the case, not the document proving service.

In New York civil procedure, proving that service was completed requires a sworn statement from the process server detailing who was served, when, and how. That document is the Affidavit of Service. The server signs it under oath, describing the method of service (personal delivery, substituted service, etc.), the date and time, and where it occurred. Filing this affidavit with the court creates a formal record that service happened as required.

The other items don’t fit this role: a Notice of Appearance is filed by a defendant who intends to appear in the case but doesn’t serve as proof of service; a Return Date is simply the scheduled court date or the deadline for returning papers, not a sworn statement; a Third-party complaint is a pleading naming another party involved in the case, not the document proving service.

Subscribe

Get the latest from Passetra

You can unsubscribe at any time. Read our privacy policy