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This entry was published on 2014-09-22
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SECTION 308
Return day of citation 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 3
§ 308. Return day of citation

1. Based on place of service. Except as otherwise provided in
subdivisions 2 and 3, the time of the return of a citation shall be
governed by the following paragraphs:

(a) The citation shall be served at least the following number of days
before the return day:

(i) 10 days if the person is served within the state;

(ii) 20 days if the person is served without the state but within the
United States, the District of Columbia, the Commonwealth of Puerto Rico
or the possessions or territories of the United States; and

(iii) 30 days in all other cases.

(b) The time periods set forth under paragraph (a) of this subdivision
shall commence to run from the time that service is complete as provided
in 309.

2. Service by publication. If served by publication, the return day
shall not be earlier than the day service is completed, as provided in
309.

3. Service on consular official. If served upon a consular official
pursuant to 307, subdivision 3 (e), it shall be served at least 30 days
prior to the return day.

4. For the purpose of fixing the time within which a process must be
served, service upon the clerk of the court, pursuant to designation, is
personal service upon the fiduciary within the county where the letters
of the fiduciary were issued.