The Proof of Service, Service Return or Affidavit of Service
After service of process is effected in New York City upon the Respondent, Witness or any other recipient of process, the process server will issue a document for you to file with clerk or for you to bring to your hearing. That document which states the circumstances of the service accomplished is called affidavit of service and it must be notarized by the process server.
Different courts may require different types of sworn statements or they may not require the statement to be executed in the presence of a notary public. For instance , most service returns amd US District Court proofs of service do not need to be notarized.
One of the characteristics that differentiates New York affidavits of service from several other states' affidavits is that they do not mandate a specific form for the affidavit of service itself to be accepted by the Court. As long as the circumstances of service are clearly reported together with an acceptable description and name and address of the Defendant or Respondent served, the New York Court will accept the affidavit of service.
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