Updates to Proofs of Service Requirements in New York State
Two bills were passed in Albany last month and signed into law in November that effect proofs of service
1. Senate Bill S7801A Requires proof of service to include the server's perception
The lawmakers' intention behind this new rule is to address civil discrimination by requiring proof of service to include the process server's perception of specific characteristics of the person to whom personal service of a summons was delivered. This measure aims to provide transparency and accountability in personal service, ensuring fairness and preventing potential discriminatory practices.
This bill introduces changes to the language required in affidavits and affirmations submitted by process servers. Specifically, it mandates the inclusion of details about the process server's perception, using categories similar to those defined by the Federal Government, such as:
- American Indian/Alaska Native
- Asian
- Black or African American
- Native Hawaiian or Other Pacific Islander
- White
- Middle Eastern or North African
- Hispanic/Latino and Not Hispanic/Latino are included.
The rule is effective immediately, and affidavits or affirmations that fail to adhere to the updated requirements may face challenges in court.
The New York State Professional Process Servers Association (NYSPPSA) has reached out to both the Office of Court Administration (OCA) and the New York City Department of Consumer and Worker Protection (DCWP) to seek clarification on how to define "race" under these categories
2. Assembly Bill A3225 Simplification of Out-of-State Affidavit Requirements
Clarifies requirements for acknowledgments, proofs, oaths and affirmations without the state
History:
Previously, affidavits coming from out-of-state process servers required a certificate of conformity. This involved having the affidavit acknowledged and accompanied by a judicial officer's statement, a process that often-caused delays in getting returns from out of state.
The new law eliminates this requirement entirely, allowing affidavits to be submitted directly without additional certifications. For process servers, this means:
- Faster processing of out-of-state affidavits
- No need to locate an out-of-state attorney for certification
- Streamlined cross-state operations
This change is expected to significantly reduce the administrative burden on process servers and improve service timelines.
How This Impacts Process Servers
These legislative changes aim to modernize and simplify the proof-of-service process.
You may see some changes on the wording of your proofs of service.
The elimination of out-of-state affidavit certifications resolves a long-standing frustration for New York process servers handling cross-jurisdictional work.
As always, staying updated on legal developments is critical.
aSubpoena and Gail, in her role of Legislative chair at NYSPPSA, will continue advocating for the profession and providing guidance as these changes are implemented.
