New York City Process Server Practice Test

Due diligence in serving legal documents personally is fundamentally about demonstrating reasonable efforts to reach the recipient. In New York City, the standard practice typically involves making at least three attempts to serve the documents. This is to ensure that the recipient is given ample opportunity to receive the documents, reflecting a genuine effort on the part of the process server to fulfill their duty.

This approach aligns with the legal expectations of service as there can be various circumstances that prevent successful delivery on the first or second attempt, such as the recipient not being home or being unavailable at those times. The three-attempt standard acknowledges these potential barriers and helps to substantiate that reasonable measures have been taken before considering alternative forms of service, like substituted service or service by mail.

In other contexts, a lesser number of attempts may be viewed as insufficient, potentially leading to complications in proving that proper service has been effectuated. Thus, requiring three attempts serves to uphold the integrity of the service process and ensure that all parties are afforded due process.