Papers used to start an action or special proceeding are known as initiating papers. The following are examples of initiating papers:
- Summons with Notice (Civil Action)
- Summons with Complaint (Civil Action) – Petition (Special Proceeding)
Every case filed in Court receives its own identifying case number, known as an Index Number. A case is started only after obtaining the Index Number and paying the appropriate fee to the Clerks office. Copies of the initiating papers must state the Index Number and the date the initiating papers were filed in the County Clerk’s Office. These copies must be served on the defendant(s) or respondent(s) in the manner required by the CPLR. In a civil action, the summons with notice or summons and complaint must be served. In a special proceeding, the petition must be served along with either a notice of petition or an order to show cause, which fix a return date for the petition.
For more information on Service of Process visit www.undisputedlegal.com or call 1.800.774.6922 for a free quote. Open Monday-Friday 8am.-8pm. “When you want it done right the first time” contact undisputedlegal.com #ServiceofProcess
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