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This entry was published on 2015-12-25
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SECTION 2103
Service of papers
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 21
Rule 2103. Service of papers. (a) Who can serve. Except where
otherwise prescribed by law or order of court, papers may be served by
any person not a party of the age of eighteen years or over.

(b) Upon an attorney. Except where otherwise prescribed by law or
order of court, papers to be served upon a party in a pending action
shall be served upon the party's attorney. Where the same attorney
appears for two or more parties, only one copy need be served upon the
attorney. Such service upon an attorney shall be made:

1. by delivering the paper to the attorney personally; or

2. by mailing the paper to the attorney at the address designated by
that attorney for that purpose or, if none is designated, at the
attorney's last known address; service by mail shall be complete upon
mailing; where a period of time prescribed by law is measured from the
service of a paper and service is by mail, five days shall be added to
the prescribed period if the mailing is made within the state and six
days if the mailing is made from outside the state but within the
geographic boundaries of the United States; or

3. if the attorney's office is open, by leaving the paper with a
person in charge, or if no person is in charge, by leaving it in a
conspicuous place; or if the attorney's office is not open, by
depositing the paper, enclosed in a sealed wrapper directed to the
attorney, in the attorney's office letter drop or box; or

4. by leaving it at the attorney's residence within the state with a
person of suitable age and discretion. Service upon an attorney shall
not be made at the attorney's residence unless service at the attorney's
office cannot be made; or

5. by transmitting the paper to the attorney by facsimile
transmission, provided that a facsimile telephone number is designated
by the attorney for that purpose. Service by facsimile transmission
shall be complete upon the receipt by the sender of a signal from the
equipment of the attorney served indicating that the transmission was
received, and the mailing of a copy of the paper to that attorney. The
designation of a facsimile telephone number in the address block
subscribed on a paper served or filed in the course of an action or
proceeding shall constitute consent to service by facsimile transmission
in accordance with this subdivision. An attorney may change or rescind a
facsimile telephone number by serving a notice on the other parties; or

6. by dispatching the paper to the attorney by overnight delivery
service at the address designated by the attorney for that purpose or,
if none is designated, at the attorney's last known address. Service by
overnight delivery service shall be complete upon deposit of the paper
enclosed in a properly addressed wrapper into the custody of the
overnight delivery service for overnight delivery, prior to the latest
time designated by the overnight delivery service for overnight
delivery. Where a period of time prescribed by law is measured from the
service of a paper and service is by overnight delivery, one business
day shall be added to the prescribed period. "Overnight delivery
service" means any delivery service which regularly accepts items for
overnight delivery to any address in the state; or

7. by transmitting the paper to the attorney by electronic means where
and in the manner authorized by the chief administrator of the courts by
rule and, unless such rule shall otherwise provide, such transmission
shall be upon the party's written consent. The subject matter heading
for each paper sent by electronic means must indicate that the matter
being transmitted electronically is related to a court proceeding.

(c) Upon a party. If a party has not appeared by an attorney or the
party's attorney cannot be served, service shall be upon the party by a
method specified in paragraph one, two, four, five or six of subdivision
(b) of this rule.

(d) Filing. If a paper cannot be served by any of the methods
specified in subdivisions (b) and (c), service may be made by filing the
paper as if it were a paper required to be filed.

(e) Parties to be served. Each paper served on any party shall be
served on every other party who has appeared, except as otherwise may be
provided by court order or as provided in section 3012 or in subdivision
(f) of section 3215. Upon demand by a party, the plaintiff shall supply
that party with a list of those who have appeared and the names and
addresses of their attorneys.

(f) Definitions. For the purposes of this rule:

1. "Mailing" means the deposit of a paper enclosed in a first class
postpaid wrapper, addressed to the address designated by a person for
that purpose or, if none is designated, at that person's last known
address, in a post office or official depository under the exclusive
care and custody of the United States Postal Service within the United
States;

2. "Electronic means" means any method of transmission of information
between computers or other machines designed for the purpose of sending
and receiving such transmissions, and which allows the recipient to
reproduce the information transmitted in a tangible medium of
expression;

3. "Facsimile transmission" means any method of transmission of
documents to a facsimile machine at a remote location which can
automatically produce a tangible copy of such documents.