Legal Question in Business Law in New York

If an Affidavit is generated by a Plantiff and the affidavit has on the first page noted the case index number and the descriprion of the Plantiff versus the description of the Defendent is the defendent's counsel and the defendent suppose to recieve a copy of this affidavit when it was sent out?

If so, what is considered a resonable time from the generation of the affidavit for defendent counsel and defendent to be notified of this filling?

In addition, because this affidavit has all the noted things above on it is the affidavit suppose to be filed with the court. Is so, does the orginal copy get filed with the court for the case?

If copies are to be forwarded to the Defendent's counsel and the defendents how is it suppose to be delivered. e.g regular mail, certified mail, overnight mail, email etc.?


Asked on 4/21/14, 7:39 am

1 Answer from Attorneys
Kevin Connolly Kevin J. Connolly

It depends on the purpose of the affidavit. If it's an affidavit in support of a motion, then the court should not accept it for filing unless the plaintiff also files a notice of motion and affidavit of service. If it's in opposition, it just needs an affidavit of service. The practice statutes prescribe when and how the papers are served. Start with Article 21 of the Civil Practice Law & Rules. The usual method is service by regular mail.

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Answered on 4/21/14, 9:02 am


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