New York City Process Server Practice Test

Question: 1 / 400

What is the proper procedure for serving in a matrimonial case?

Send the documents via mail

Publish a notice in a newspaper

Deliver the summons and complaint personally to the defendant

In a matrimonial case, the proper procedure involves delivering the summons and complaint personally to the defendant. This method, known as personal service, ensures that the defendant is directly informed of the legal action being taken against them, allowing them the opportunity to respond. Personal service is crucial in matrimonial matters, as it establishes clear and verifiable notice of the proceedings, which is a fundamental aspect of due process.

The reasons behind other techniques, such as sending documents via mail or publishing notices in newspapers, are generally considered alternative methods when personal service cannot be achieved. These alternatives may not be appropriate or sufficient in matrimonial cases, which often involve personal rights and responsibilities that require clear communication. Having a third party serve the documents can also be valid, but this typically falls under specific circumstances where direct service by the plaintiff is not possible. Therefore, the emphasis on personal service underscores the importance of ensuring that the defendant is made fully aware of the situation in a direct manner.

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Have a third party serve the documents

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