What is the procedure for service of opposing papers?
It is usually proper to serve answering papers by mail. See, Civil Practice Law and Rules (known as the “CPLR”) Rule 2103. However, if the court orders some other means of service, you must follow the directive of the court. Legal papers must be served by a person who is not a party to the lawsuit (i.e., not you). CPLR 2103(a). You must have a New York State resident who is over the age of eighteen serve the papers for you and give you a signed, notarized Affidavit of Service. You may obtain a blank Affidavit of Service in the Office for the Self-Represented. Please note: when the opposing party is represented by an attorney, opposing papers must be served upon the attorney by mail, by delivery at the attorney’s office, or in any other manner permitted by CPLR 2214.
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