N.Y. General Business Law 89-CC – Process server records
§ 89-cc. Process server records. 1. Each process server shall maintain a legible record of all service made by him or her as prescribed in this section. Such records shall be kept, either:
Terms Used In N.Y. General Business Law 89-CC
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Summons: Another word for subpoena used by the criminal justice system.
(a) in chronological order in a bound, paginated volume. Corrections in records shall be made only by drawing a straight line through the inaccurate entry and clearly printing the accurate information directly above the inaccurate entry. All other methods of correction, including but not limited to erasing, opaquing, obliterating or redacting, are prohibited; or
(b) by submitting recorded entries to a third party contractor within three days of service or attempted service, provided, however that permissions pertaining to such data will be secured so that the data cannot be deleted upon submission. Records shall be reported in chronological order. It shall be unlawful for any process server to tamper with data or properties of any electronic record kept pursuant to this section after an image file is made by modifying, amending, deleting, rearranging or in any other way altering any such data or properties including, but not limited to, using a meta data scrubber or similar device or program. If a typographical error has occurred or if data contained in the process server's record was accidentally omitted from the electronic data entry, the third party contractor may make an amendment in which the original record shall be identified by entering it in italics. All third party contractors must maintain a daily backup of all submitted data, and all data must be available for review upon request of any and all interested parties.
2. The record to be maintained shall include the following information, where applicable:
(a) the title of the action or a reasonable abbreviation thereof;
(b) the name of the person served, if known;
(c) the date and approximate time service was effected;
(d) the address where service was effected;
(e) the nature of the papers served;
(f) the court in which the action has been commenced;
(g) the index number of the action, if known;
(h) if service is effectuated pursuant to subdivision four of § 308 of the civil practice law and rules or subdivision one of § 735 of the real property actions and proceedings law, a description of the color of the door to which the summons is affixed;
(i) the process serving agency from whom the process served was received, if any;
(j) type of service effected whether personal, substituted or conspicuous;
(k) if service is effected pursuant to subdivision one, two or three of § 308 of the civil practice law and rules, the record shall also include the description of the person served, including, but not limited to sex, color of skin, hair color, approximate age, height and weight and other identifying features;
(l) if service is effected pursuant to subdivision four of § 308 of the civil practice law and rules, the record shall also include the dates, addresses and time of attempted service pursuant to subdivision one, two or three of such section;
(m) if the process server files an affidavit of service with the court, his record shall include the date of such filing.