Bill
Bill > A08408
NY A08408
Allows certain methods for service of process including by electronic means.
summary
Introduced
05/13/2025
05/13/2025
In Committee
05/13/2025
05/13/2025
Crossed Over
Passed
Dead
Introduced Session
2025-2026 General Assembly
Bill Summary
AN ACT to amend the surrogate's court procedure act, in relation to allowing certain methods for service of process
AI Summary
This bill amends the Surrogate's Court Procedure Act to expand and modernize methods for serving legal process (official court documents), primarily by introducing electronic service as a valid method. The bill allows service of process through various means, including personal delivery, registered or certified mail, and now explicitly includes electronic means as defined in the Civil Practice Law and Rules (CPLR). The changes provide more flexibility for serving legal documents, particularly in cases where traditional methods might be difficult or impractical. Key modifications include removing the requirement for return receipt on mailed documents, allowing service within or outside the state, and establishing specific timeframes for service based on the method used (10 days for personal delivery within the state, 20 days for non-personal delivery within the United States, and 30 days for other cases). The bill also allows courts more discretion in determining appropriate service methods, taking into account factors such as estate size and the relationship of the person being served. Electronic service must include the case caption in the subject line, and service is considered complete upon transmission. These changes aim to modernize and streamline the legal process for serving documents in Surrogate's Court proceedings.
Committee Categories
Justice
Sponsors (1)
Last Action
referred to judiciary (on 05/13/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
Document Type | Source Location |
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State Bill Page | https://www.nysenate.gov/legislation/bills/2025/A8408 |
BillText | https://assembly.state.ny.us/leg/?default_fld=&bn=A08408&term=2025&Summary=Y&Actions=Y&Text=Y&Committee%26nbspVotes=Y&Floor%26nbspVotes=Y#A08408 |
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