Certificate of Service - New York State Court

AFFIDAVIT / CERTIFICATE OF SERVICE

NEW YORK STATE COURT

PRACTICE NOTE

Under New York law, service of interlocutory papers in a pending action is governed by CPLR 2103. Service must be made upon the party's attorney of record (CPLR 2103(a)). In NYSCEF-mandatory counties, electronic filing and service through the NYSCEF system constitutes valid service on all participating e-filers (22 NYCRR 202.5-b(f)(2)). For non-participating parties or non-NYSCEF counties, service must be accomplished by one of the seven methods enumerated in CPLR 2103(b).

This template provides both an Affirmation format (for use by attorneys, pursuant to CPLR 2106) and an Affidavit format (for use by non-attorney servers, requiring notarization).

PART I: COURT CAPTION

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF [________________________________]

[________________________________],

Plaintiff(s),

-against- Index No.: [________________________________]

[________________________________],

Defendant(s).

PART II: TITLE OF DOCUMENT

☐ AFFIDAVIT OF SERVICE / ☐ AFFIRMATION OF SERVICE

(Select one based on status of the person making service)

PART III: IDENTIFICATION OF SERVER

Full Name of Server: [________________________________]

Capacity: ☐ Attorney of Record ☐ Non-Attorney Server

Business Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Email Address: [________________________________]

Age Verification: I am over eighteen (18) years of age.

Party Status: ☐ I am not a party to this action. / ☐ I am an attorney of record for a party in this action.

PART IV: DOCUMENT(S) SERVED

On [__/__/____], I served the following document(s) upon the recipient(s) identified below:

(Attach additional pages if necessary.)

PART V: RECIPIENT(S) AND METHOD(S) OF SERVICE

Recipient No. 1

Name: [________________________________]

Capacity: [________________________________] (e.g., "Attorney for Defendant," "Pro Se Litigant")

Firm Name (if applicable): [________________________________]

Service Address / Email: [________________________________]

Date of Service: [__/__/____]

Time of Service: [________________________________]

Method of Service (check all that apply):

☐ NYSCEF Electronic Filing and Service (22 NYCRR 202.5-b(f)(2))
Service was effected by filing the document(s) with the New York State Courts Electronic Filing System (NYSCEF), which caused automatic transmission of notification of receipt to all registered e-filers. NYSCEF Confirmation Number: [________________________________]

☐ Personal Delivery (CPLR 2103(b)(1))
Service was effected by delivering the paper(s) to the attorney personally.

☐ Mail to Attorney's Office (CPLR 2103(b)(2))
Service was effected by mailing the paper(s) by first-class mail, postage prepaid, to the attorney at the address designated for that purpose, or at the attorney's last known address:
[________________________________]
(Note: Service by mail is complete upon mailing. Five (5) days are added to any prescribed period for in-state mailings; six (6) days for out-of-state mailings within the United States. CPLR 2103(b)(2).)

☐ Office Delivery (CPLR 2103(b)(3))
Service was effected by leaving the paper(s) at the attorney's office:
☐ With a person in charge of the office; or
☐ In a conspicuous place in the office (no person in charge); or
☐ In the attorney's office letter drop or box (office not open).

☐ Residence Delivery (CPLR 2103(b)(4))
Service was effected by leaving the paper(s) at the attorney's residence within the State of New York with a person of suitable age and discretion. This method was used because service at the office could not reasonably be made.
Name of person accepting service: [________________________________]
Address: [________________________________]

☐ Facsimile Transmission (CPLR 2103(b)(5))
Service was effected by transmitting the paper(s) by facsimile to the attorney's designated fax number: [________________________________]
A confirmation of transmission was received at [________________________________] (time).
A copy was also mailed by first-class mail as required under CPLR 2103(b)(5).

☐ Overnight Delivery Service (CPLR 2103(b)(6))
Service was effected by dispatching the paper(s) via overnight delivery service to the attorney's last known address or designated address:
Carrier: [________________________________]
Tracking Number: [________________________________]
(Note: One (1) business day is added to any prescribed period for overnight delivery service. CPLR 2103(b)(6).)

☐ Electronic Means (CPLR 2103(b)(7))
Service was effected by electronic transmission in the manner authorized by the Chief Administrator of the Courts, with the written consent of the receiving party on file:
Email address: [________________________________]
Consent date: [__/__/____]

Recipient No. 2

Name: [________________________________]

Capacity: [________________________________]

Firm Name (if applicable): [________________________________]

Service Address / Email: [________________________________]

Date of Service: [__/__/____]

Time of Service: [________________________________]

Method of Service (check all that apply):

☐ NYSCEF Electronic Filing and Service (22 NYCRR 202.5-b(f)(2))
☐ Personal Delivery (CPLR 2103(b)(1))
☐ Mail to Attorney's Office (CPLR 2103(b)(2))
☐ Office Delivery (CPLR 2103(b)(3))
☐ Residence Delivery (CPLR 2103(b)(4))
☐ Facsimile Transmission (CPLR 2103(b)(5))
☐ Overnight Delivery Service (CPLR 2103(b)(6))
☐ Electronic Means (CPLR 2103(b)(7))

NYSCEF Confirmation Number (if applicable): [________________________________]

Details: [________________________________]

Recipient No. 3

Name: [________________________________]

Capacity: [________________________________]

Firm Name (if applicable): [________________________________]

Service Address / Email: [________________________________]

Date of Service: [__/__/____]

Time of Service: [________________________________]

Method of Service (check all that apply):

☐ NYSCEF Electronic Filing and Service (22 NYCRR 202.5-b(f)(2))
☐ Personal Delivery (CPLR 2103(b)(1))
☐ Mail to Attorney's Office (CPLR 2103(b)(2))
☐ Office Delivery (CPLR 2103(b)(3))
☐ Residence Delivery (CPLR 2103(b)(4))
☐ Facsimile Transmission (CPLR 2103(b)(5))
☐ Overnight Delivery Service (CPLR 2103(b)(6))
☐ Electronic Means (CPLR 2103(b)(7))

NYSCEF Confirmation Number (if applicable): [________________________________]

Details: [________________________________]

(Attach additional recipient pages as needed.)

PART VI: ADDITIONAL SERVICE DETAILS

NYSCEF Filing Details (if applicable):
- NYSCEF Confirmation Notice ID: [________________________________]
- Date/Time of NYSCEF Filing: [__/__/____] at [________________________________]
- Number of Registered E-Filers Served via NYSCEF: [____]

Service on Non-NYSCEF Participants:
If any party is not a registered NYSCEF participant, documents were served by hard copy using one of the methods authorized by CPLR 2103(b)(1)-(6), as detailed above, in compliance with 22 NYCRR 202.5-b(h).

Mailing Details (if applicable):
- Mailing initiated at: [________________________________] (City, State)
- Post office / mailing facility: [________________________________]
- Postage method: ☐ First-class stamp ☐ Metered postage ☐ Certified mail, return receipt requested

Service on Pro Se Party:
If any party appears pro se (without an attorney), service was made directly upon that party at their last known address by: [________________________________]

PART VII: AFFIRMATION FORMAT (FOR ATTORNEYS)

Attorney Affirmation Pursuant to CPLR 2106

I, [________________________________], an attorney duly admitted to practice law in the courts of the State of New York, do hereby affirm, under the penalties of perjury, that the foregoing statements are true and correct to the best of my knowledge, information, and belief.

Dated: [________________________________], New York
[__/__/____]

________________________________________
[Attorney Name]
New York Attorney Registration No. [________________________________]
[Firm Name]
[Street Address]
[City, State, ZIP]
Telephone: [________________________________]
Email: [________________________________]
Attorney for [________________________________] (party name)

PART VIII: AFFIDAVIT FORMAT (FOR NON-ATTORNEY SERVERS)

Affidavit of Service

STATE OF NEW YORK
COUNTY OF [________________________________] ss.:

I, [________________________________], being duly sworn, depose and say:

1. I am over eighteen (18) years of age and am not a party to this action.

2. My business/residential address is [________________________________].

3. On [__/__/____], I served the document(s) identified in Part IV above upon the recipient(s) identified in Part V above, in the manner described therein.

4. I am familiar with the method(s) of service described above and personally performed or arranged for the service described.

5. The foregoing statements are true and correct to the best of my knowledge, information, and belief.

________________________________________
[Name of Server] (Signature)

________________________________________
[Name of Server] (Printed)
Sworn to before me this [____] day of [________________________________], 20[____].

________________________________________
Notary Public, State of New York
Qualified in [________________________________] County
Commission Expires: [__/__/____]
Registration No.: [________________________________]

PART IX: PRACTITIONER CHECKLIST

☐ Confirm all parties' NYSCEF registration status before selecting service method
☐ Retain NYSCEF confirmation emails and printouts for motion papers
☐ For NYSCEF service, verify that notification was transmitted to all registered e-filers
☐ For non-NYSCEF parties, serve by hard copy using CPLR 2103(b)(1)-(6) methods
☐ If service is by mail, note the five-day (in-state) or six-day (out-of-state) extension to response time
☐ If service is by overnight delivery, note the one-business-day extension to response time
☐ When serving orders to show cause, follow any special service directives in the signed order
☐ File proof of service electronically on NYSCEF if the case is e-filed (22 NYCRR 202.5-b)
☐ For Appellate Division filings, comply with 22 NYCRR Part 1245 electronic filing rules
☐ Confirm that the certificate of service accompanies or is filed contemporaneously with the served document
☐ Verify compliance with any Individual Part Rules of the assigned justice regarding service

PART X: KEY STATUTORY TIME EXTENSIONS FOR SERVICE

Sources and References

• CPLR 2103 - Service of Papers: Full text available at https://www.nysenate.gov/legislation/laws/CVP/2103
• CPLR 2106 - Affirmation of Truth of Statement by Attorney: Authorizes attorney affirmations under penalty of perjury in lieu of affidavits
• 22 NYCRR 202.5-b - Electronic Filing in Supreme Court: https://iappscontent.courts.state.ny.us/NYSCEF/live/legislation/Rule202.5b.pdf
• 22 NYCRR 202.5-bb - Mandatory Electronic Filing Program
• 22 NYCRR Part 1245 - Electronic Filing Rules of the Appellate Division: https://ad4.nycourts.gov/rules/efile
• NYSCEF System: https://iapps.courts.state.ny.us/nyscef/HomePage
• New York State Unified Court System - E-Filing Information: https://www.nycourts.gov/efile/

This template is designed for use in New York State courts, including Supreme Court, County Court, and the Appellate Division. Practitioners must verify local rules and Individual Part Rules for the assigned justice. NYSCEF filing requirements vary by county; check mandatory e-filing status before service. This document does not constitute legal advice.