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A person serving papers must be 18 years of age or older and must not be a party to the case (CPLR 2103[a]). Papers may be served by a process server, friend or relative of a party so long as he or she is not a party to the case.
If you do not have the other party served properly (within the correct time limits and using the correct method), the court cannot hear or decide your case.
Process Rules and Fees There is a $52.00 filing fee for each summons. All Family Offense summonses must be served at least 24 hours before the court date. There is no fee for serving these summonses.
A summons is a form prepared by the plaintiff and issued by a court that informs the defendant that they are being sued or are required to appear in court. It may be served by a sheriff or other authorized person, such as the process server.
(1) No original summons shall be in force for more than twelve months from the day of the date thereof, including the day of such date; but if any defendant therein named shall not have been served therewith, the plaintiff may apply before the expiration of twelve months to the Master for leave to renew the summons.
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Whenever practicable, the summons shall be served by handing a copy thereof to the defendant in person and informing the defendant that he or she is being served, or, if he or she refuses to receive and sign for it, by leaving the summons within the view and in the presence of the defendant.
There are three ways to deliver legal papers to start a case. Personal delivery. The papers are handed to the defendant or respondent. Substituted delivery. Papers are left with someone else to give to the defendant or respondent and copies of the papers are mailed. Conspicuous delivery.
In order to let the opposing party, or defendant, know you are filing a civil action, you must serve the opposing party with a copy of your complaint. This service is accomplished by issuing a summons through the Clerks Office.
There are three ways to deliver legal papers to start a case. Personal delivery. The papers are handed to the defendant or respondent. Substituted delivery. Papers are left with someone else to give to the defendant or respondent and copies of the papers are mailed. Conspicuous delivery.
In civil cases, avoiding and non-compliance of service of summons can lead to an ex-parte decree against the defendant. On the other hand, in criminal cases where the matters are of a serious nature, the Court first issues bailable warrants. If these warrants are not complied with, non-bailable warrants will be issued.

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