Bill

Bill > A08408


NY A08408

Allows certain methods for service of process including by electronic means.


summary

Introduced
05/13/2025
In Committee
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)

bill text


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