Allows certain methods for service of process

• Democratic2

◆ The sponsor's argument

Why Luis R. Sepúlveda says this is needed

This bill would amend sections 307, 308 and 309 of the Surrogate's Court Procedure Act (SCPA) in relation to service of process in Surrogate's Court proceedings. Currently, those sections require personal delivery of process on all New York State residents to commence a proceeding. But the experiences of courts, legal practitioners, and self-represented litigants have demonstrated that alternative means of process are just as effective as, and at times superior to, service by personal delivery. Additionally, the removal of the need to obtain a court order to permit such alternate service increased the efficiency of the courts and enabled most self-represented parties an easier and cost-effective means of obtaining jurisdiction over necesary, parties. Accordingly, this measure is proposed to simplify and modernize service requirements. During the pandemic, the courts, practitioners and self-represented litigants had to find ways to operate in an environment where personal delivery of citations and other documents was impossible. Consequently, other means of service of process had to be permitted in order for the courts to function, which allowed these new modes of service to be test- ed. SCPA § 307 has long prohibited service of process upon New York resi- dents by means other than personal delivery without a court order. However, during the pandemic and for a period thereafter most Surro- gate's Courts permitted service upon New York domiciliaries by special mail service (Federal Express, UPS, etc.). There was no increase in demands for traverse hearings due to lack of proper service, nor was there an increase in applications to vacate defaults due to allegations of lack of service. Additionally, some Surrogate's Courts utilized their discretion and permitted service upon respondents by e-mail pursuant to SCPA § 307(3). However, the statute does not explicitly permit the use of such service. Given that law firms and most of society communicate electronically, and electronic filing is now mandatory in most courts, such a statutorily endorsed option is long overdue. Thus, the proposal contains a specific provision permitting service by electronic means with a court order. Finally, because the New York State Attorney General may be served by mail at any office, the bill provides, at the Attorney General's request, that this office be provided 30 days' notice of a proceeding is unless otherwise modified by court order. This legislation is supported by the Surrogate's Court Judges Associ- ation and the Surrogate's Court Chief Clerk Association and has been endorsed by the Trusts and Estate Section of the New York State and New York City Bar Associations. 6.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.