Posts made in March 2014

Service of Process/Process Service-Notice of petition; order to show cause

N.Y. CVP. LAW § 403 : NY Code – Section 403: Service of Process/Process Service -Notice of petition; order to show cause

(a) Notice of petition. A notice of petition shall specify the time and place of the hearing on the petition and the supporting affidavits, if any, accompanying the petition. (b) Time for service of notice of petition and answer. A notice of petition, together with the petition and affidavits specified in the notice, shall be served on any adverse party at least eight days before the time at which the petition is noticed to be heard. An answer and supporting affidavits, if any, shall be served at least two days before such time. A reply, together with supporting affidavits, if any, shall be served at or Continue reading

Service of Process/Process Service-Order To Show Cause

N.Y. ISC. LAW § 7418 : NY Code – Section 7418: Service of Process/Process Service of order to show cause.

(a) The order to show cause and the papers upon which it is granted shall be served upon the insurer named therein by delivering true copies to, and leaving them with: (1) If a domestic corporation: its president or other head, the secretary or clerk to the corporation, the cashier, the treasurer or any director or managing agent. (2) If a foreign or alien corporation: its president, vice-president, treasurer or assistant treasurer, secretary or assistant secretary, or any director or managing agent or, if the corporation has no such officers within this state, to the officer performing corresponding functions. (3) If a voluntary, unincorporated or a joint stock association, order or society: the president, vice-president, treasurer, director, trustee or other officer or a member with managerial powers. (4) If a reciprocal Continue reading

Process Service/Service of Process of Subpoena & Witness Fees

N.Y. CVP. LAW § 2303 : NY Code – Section 2303: Service of subpoena; payment of fees in advance

(a) A subpoena requiring attendance or a subpoena duces tecum shall be served in the same manner as a summons, except that where service of such a subpoena is made pursuant to subdivision two or four of section three hundred eight, the filing of proof of service shall not be required and service shall be deemed complete upon the later of the delivering or mailing of the subpoena, if made pursuant to subdivision two of section three hundred eight, or upon the later of the affixing or mailing of the subpoena, if made pursuant to subdivision four of section three hundred eight. Any person subpoenaed shall be paid or tendered in advance authorized traveling expenses and one day’s witness fee. A copy of any subpoena duces tecum Continue reading

Subpoena-Securing attendance of witness by subpoena; fees

N.Y. CPL. LAW § 610.50 : NY Code – Section 610.50: Securing attendance of witness by subpoena; fees

1. A witness subpoenaed by the people in a criminal action is entitled to the same fees and mileage as a witness in a civil action, payable by the treasurer of the county upon the certificate of the court or the clerk thereof, stating the number of days the witness actually attended and the number of miles traveled by him in order to attend. In any such action, the court may, by order, direct the county treasurer to pay to such witness a further reasonable sum for expenses, to be specified in the order, and the county treasurer, upon the production of the order or a certified copy thereof, must pay the witness the sum specified therein out of the county treasury. Such certificates shall only be issued by the court or the clerk thereof, upon the production of the affidavit of the witness, stating that he attended Continue reading

Subpoena-Securing attendance of witness by subpoena; possession of physical evidence

N.Y. CPL. LAW § 610.25 : NY Code – Section 610.25: Securing attendance of witness by subpoena; possession of physical evidence

1. Where a subpoena duces tecum is issued on reasonable notice to the person subpoenaed, the court or grand jury shall have the right to possession of the subpoenaed evidence. Such evidence may be retained by the court, grand jury or district attorney on behalf of the grand jury. 2. The possession shall be for a period of time, and on terms and conditions, as may reasonably be required for the action or proceeding. The reasonableness of such possession, time, terms, and conditions shall be determined with consideration for, among other things, (a) the good cause shown by the party issuing the subpoena or in whose behalf the subpoena is issued, (b) the rights and legitimate Continue reading

Subpoena-Securing attendance of witnesses by subpoena; when and whom subpoena may be issued

N.Y. CPL. LAW § 610.20 : NY Code – Section 610.20: Securing attendance of witnesses by subpoena; when and by whom subpoena may be issued

1. Any criminal court may issue a subpoena for the attendance of a witness in any criminal action or proceeding in such court. 2. A district attorney, or other prosecutor where appropriate, as an officer of a criminal court in which he is conducting the prosecution of a criminal action or proceeding, may issue a subpoena of such court, subscribed by himself, for the attendance in such court or a grand jury thereof of any witness whom the people are entitled to call in such action or proceeding. 3. An attorney for a defendant in a criminal action or proceeding, as an officer of a criminal court, may issue a subpoena of such court, subscribed by himself, for the attendance in such court of any Continue reading

Subpoena – Securing attendance of witnesses by subpoena; in general

N.Y. CPL. LAW § 610.10 : NY Code – Section 610.10: Securing attendance of witnesses by subpoena; in general

1. Under circumstances prescribed in this article, a person at liberty within the state may be required to attend a criminal court action or proceeding as a witness by the issuance and service upon him of a subpoena. 2. A “subpoena” is a process of a court directing the person to whom it is addressed to attend and appear as a witness in a designated action or proceeding in such court, on a designated date and any recessed or adjourned date of the Continue reading

Service of Process/Process Service

Undisputed Legal Inc., employs the most professional process servers. It is our mission to provide you with the BEST SERVICE, at the BEST PRICE, with the BEST RESULTS!

At Undisputed Legal Inc., we are consistently striving for perfection by upgrading the process in which we do business. Commitment and attention to detail has lead us to the following upgrades in process service:

  • GPS photo affidavit of service (within NY and the 5 Boroughs)
  • Timelines – 90% of work completed within 72 hours
  • Personalized “real-time” email status updates
  • Free pick-up on process service assignments Continue reading

Service of Process/Process Service – Personal Service upon a limited Partnership

N.Y. CVP. LAW § 310-a : NY Code – Section 310-A: Service of Process – Personal service upon a limited partnership

(a) Service of Process/Personal service upon any domestic or foreign limited partnership shall be made by delivering a copy personally to any managing or general agent or general partner of the limited partnership in this state, to any other agent or employee of the limited partnership authorized by appointment to receive service or to any other person designated by the limited partnership to receive process, in the manner provided by law for Continue reading

Service of Process/Process Service – Personal Service Upon an Infant, Incompetent or Conservatee

N.Y. CVP. LAW § 309 : NY Code – Section 309: Service of Process – Personal service upon an infant, incompetent or conservatee

(a) Upon an infant. Service of Process/Personal service upon an infant shall be made by personally serving the summons within the state upon a parent or any guardian or any person having legal custody or, if the infant is married, upon an adult spouse with whom the infant resides, or, if none are within the state, upon any other person with whom he resides, or by whom he is employed. If the infant is of the age of fourteen years or over, the summons shall also be personally served upon him within the state. (b) Upon a person judicially declared to be Continue reading