CPLR 306 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 305 Summons; supplemental summons, amendment up ARTICLE 3 Jurisdiction and Service, Appearance and Choice of Court next SECTION 306-A Index number in an action or proceeding commenced in supreme or county court Viewing most recent revision (from 2024-11-29) View historical revision as of: -- Choose a Date -- 2024-11-29 2014-09-22 Share Facebook Email SECTION 306 Proof of service Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 3 Rule 306. Proof of service. (a) Generally. Proof of service shall specify the papers served, the person who was served and the date, time, address, or, in the event there is no address, place and manner of service, and set forth facts showing that the service was made by an authorized person and in an authorized manner. (b) Personal service. Whenever service is made pursuant to this article by delivery of the summons to an individual, proof of service shall also include, in addition to any other requirement, a description of the person to whom it was so delivered, including, but not limited to, the process server's perception of the person's: gender, race, hair color, approximate age, approximate weight and height, and other identifying features. (c) Other service. Where service is made pursuant to subdivision four of section three hundred eight of this chapter, proof of service shall also specify the dates, addresses and the times of attempted service pursuant to subdivisions one, two or three of such section. (d) Form. Proof of service shall be in the form of a certificate if the service is made by a sheriff or other authorized public officer, in the form of an affidavit if made by any other person, or in the form of a signed acknowledgement of receipt of a summons and complaint, or summons and notice or notice of petition as provided for in section 312-a of this article. (e) Admission of service. A writing admitting service by the person to be served is adequate proof of service.