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CPR ARTICLE 4:
SPECIAL PROCEDURES.
Copyright 2007, Yosef Sage. MAY BE FREELY DISTRIBUTED.
A SPECIAL PROCEEDING is between a PETITIONER and a RESPONDENT.
SPECIAL PROCEEDINGS are commenced with the
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How to fill out cplr article 4
How to fill out CPLR Article 4:
01
Start by understanding the purpose of CPLR Article 4. It is the section of the New York Civil Practice Law and Rules that governs service of process, which is the legal procedure used to give notice of a lawsuit to the opposing party.
02
Familiarize yourself with the requirements outlined in CPLR Article 4. This includes knowing the accepted methods of service, such as personal delivery, delivery to the defendant's residence, or by mail with an acknowledgment of receipt.
03
Determine the appropriate method of service for your specific case. The method may vary depending on the type of lawsuit and the parties involved. For example, service on an individual may be different from service on a corporation.
04
Prepare the necessary documents for service. This typically includes the summons, complaint, and any other required legal documents. Make sure they are properly formatted and contain all the necessary information.
05
Select a qualified person to serve the documents. In accordance with CPLR Article 4, service must be made by someone who is not a party to the lawsuit and is at least 18 years old. You may choose to hire a professional process server or ask a friend, family member, or colleague to serve the documents on your behalf.
06
Ensure proper completion of the service. The person serving the documents must follow the specific guidelines outlined in CPLR Article 4, such as delivering them to the intended recipient and providing proof of service. This may include obtaining a signed acknowledgment of receipt or completing an affidavit of service.
07
File proof of service with the court. After the documents have been successfully served, the person who served them must file proof of service with the court. This is a crucial step to demonstrate that the opposing party has been properly notified of the lawsuit.
Who needs CPLR Article 4?
01
Attorneys: Lawyers who practice in the state of New York need to be familiar with CPLR Article 4 as it is a fundamental aspect of civil litigation in the state.
02
Plaintiffs: Any individual or entity filing a lawsuit in New York will need to follow the procedures outlined in CPLR Article 4 to properly serve the defendant and ensure the lawsuit progresses in accordance with the law.
03
Defendants: Parties who are being sued in New York must understand CPLR Article 4 to be aware of their rights and obligations regarding service of process. This knowledge is crucial to effectively respond to the lawsuit and protect their interests.
In summary, filling out CPLR Article 4 involves understanding the service of process requirements, preparing the necessary documents, selecting a qualified person to serve the documents, and filing proof of service with the court. Attorneys, plaintiffs, and defendants in New York are the primary individuals who need to be familiar with CPLR Article 4.
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