Certificate of Service - New York State Court

AFFIDAVIT / CERTIFICATE OF SERVICE

NEW YORK STATE COURT

PRACTICE NOTE

Under New York law, service of papers in a pending action is generally governed by CPLR 2103. Unless another law or court order provides otherwise, the server must be at least eighteen years old and may not be a party. Papers served on a represented party are ordinarily served on that party's attorney by an authorized CPLR 2103(b) method. If a party has no attorney, or the attorney cannot be served, CPLR 2103(c) permits service on the party by a method listed in CPLR 2103(b)(1), (2), (4), (5), or (6).

In an action subject to NYSCEF, filing an interlocutory document electronically causes service on participating e-filers when NYSCEF transmits its notification, subject to the delivery-failure qualification in 22 NYCRR 202.5-b(f)(2). Persons who are exempt from or do not participate in e-filing must be served as the applicable rule requires. Appellate Division matters are also governed by 22 NYCRR Part 1245 and the rules of the applicable Judicial Department.

This template provides both an Affirmation format and a traditional sworn Affidavit format. CPLR 2106 permits any person to use the statutory affirmation in lieu of an affidavit, subject to the exceptions stated in that rule. Use one execution method, not both.

PART I: COURT CAPTION

Court: [________________________________]

County / Judicial Department: [________________________________]

Index / Docket No.: [________________________________]

PART II: TITLE OF DOCUMENT

☐ AFFIDAVIT OF SERVICE / ☐ AFFIRMATION OF SERVICE

(Select one execution method. The choice does not depend on whether the server is an attorney.)

PART III: IDENTIFICATION OF SERVER

Full Name of Server: [________________________________]

Capacity: ☐ Attorney of Record ☐ Law-Office Employee ☐ Process Server ☐ Other: [________________________________]

Business Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Email Address: [________________________________]

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

Required Nonparty Status: ☐ I am not a party to 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. When a prescribed period is measured from service, five days are added if the mailing is made within New York and six days if it is made outside New York but within the geographic boundaries of 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 signal from the recipient's equipment indicating receipt was received at [________________________________] (time), and a copy was mailed to the attorney as required by 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. Unless the applicable rule dispenses with consent, the receiving party's written consent is 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 a represented party is not participating in NYSCEF, the document was served on the party's attorney by an applicable CPLR 2103 method, and proof of that service was filed electronically when required by 22 NYCRR 202.5-b(b)(2)(i), 202.5-bb(e)(5), or Part 1245.

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 a party has no attorney, or the attorney could not be served, service was made on the party by the following method authorized by CPLR 2103(c): ☐ personal delivery ☐ mail ☐ residence delivery ☐ facsimile plus mailing ☐ overnight delivery.

PART VII: AFFIRMATION FORMAT

Affirmation Pursuant to CPLR 2106 (Available to Any Eligible Server)

I, [________________________________], affirm as follows: [Set out the service facts above or incorporate them here.]

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

I affirm this ___ day of ______, ____, under the penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, except as to matters alleged on information and belief and as to those matters I believe it to be true, and I understand that this document may be filed in an action or proceeding in a court of law.

________________________________________
[Declarant Name]
[Firm Name]
[Street Address]
[City, State, ZIP]
Telephone: [________________________________]
Email: [________________________________]
Attorney for [________________________________] (party name)

PART VIII: OPTIONAL SWORN AFFIDAVIT FORMAT

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 personally performed the service described above.

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 represented nonparticipating parties, serve the attorney by an authorized CPLR 2103 method
☐ For a party without an attorney, use only a method authorized by CPLR 2103(c)
☐ If service is by mail, determine the extension from where the mailing is made: five days within New York; six days outside New York but within the United States
☐ 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 the applicable rule or court order governing when proof of service must be filed
☐ 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: https://legislation.nysenate.gov/pdf/laws/CVP2103
• CPLR 2106 - Affirmation of Truth of Statement: https://legislation.nysenate.gov/pdf/laws/CVP2106
• 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: https://iappscontent.courts.state.ny.us/NYSCEF/live/legislation/Rule202.5bb.pdf
• 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/

Adapt the caption and service method to the court, case type, governing order, and participating parties. Practitioners must verify local rules, Judicial Department rules, and Individual Part Rules. NYSCEF requirements vary by court, county, case type, and participant status. This document does not constitute legal advice.