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This entry was published on 2014-09-22
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Summons; supplemental summons, amendment
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 3
Rule 305. Summons; supplemental summons, amendment. (a) Summons;
supplemental summons. A summons shall specify the basis of the venue
designated and if based upon the residence of the plaintiff it shall
specify the plaintiff's address, and also shall bear the index number
assigned and the date of filing with the clerk of the court. A
third-party summons shall also specify the date of filing of the
third-party summons with the clerk of the court. The summons in an
action arising out of a consumer credit transaction shall prominently
display at the top of the summons the words "consumer credit
transaction" and, where a purchaser, borrower or debtor is a defendant,
shall specify the county of residence of a defendant, if one resides
within the state, and the county where the consumer credit transaction
took place, if it is within the state. Where, upon order of the court
or by stipulation of all parties or as of right pursuant to section
1003, a new party is joined in the action and the joinder is not made
upon the new party's motion, a supplemental summons specifying the
pleading which the new party must answer shall be filed with the clerk
of the court and served upon such party.

(b) Summons and notice. If the complaint is not served with the
summons, the summons shall contain or have attached thereto a notice
stating the nature of the action and the relief sought, and, except in
an action for medical malpractice, the sum of money for which judgment
may be taken in case of default.

(c) Amendment. At any time, in its discretion and upon such terms as
it deems just, the court may allow any summons or proof of service of a
summons to be amended, if a substantial right of a party against whom
the summons issued is not prejudiced.