Every motion or filing in NY court requires proof that you served a copy on the other side. An affidavit of service is the document that proves it — without it, your filing is procedurally defective.
Quick Answer
An affidavit of service is a sworn statement you attach to your filing certifying that you served a copy of your documents on all other parties. Under CPLR 308, personal service methods include personal delivery, substitute service (delivery to a suitable person at the recipient's home plus mailing), and conspicuous service ("nail and mail" — affixing to the door plus mailing, with a 40-day completion rule). Under CPLR 2103, papers served on parties in a pending action can be served by mail, personal delivery, or overnight delivery. Motions must be served at least 8 days before the return date under CPLR 2214(b), with 2 additional days if served by mail per CPLR 2103(b)(2).
An affidavit of service is a sworn document that tells the court:
What documents you served
On whom you served them (name and address of each party)
How you served them (personal delivery, mail, overnight)
The date you served them
Without it, your filing is typically incomplete. Clerks can reject filings without proof of service, and opposing parties can challenge a motion on the grounds that they were not properly served.
SERVICE OF PROCESS (CPLR 308) — for initial summonses and complaints:
Personal delivery: hand delivery to the person within the state
Substitute delivery: delivery to a person of suitable age and discretion at the recipient's home or actual place of business, PLUS mailing to the last known residence
Conspicuous delivery ("nail and mail"): affixing the summons to the door of the recipient's residence, PLUS mailing — service is complete 40 days after the papers are affixed and mailed
SERVICE OF PAPERS (CPLR 2103) — for motions and other papers in a pending case:
Mail: service is complete upon deposit in the mail
Personal delivery: service is complete upon delivery
Overnight delivery: service is complete upon deposit with an overnight delivery service
KEY TIMING RULE (CPLR 2214(b) + 2103(b)(2)):
A motion on notice must be served at least 8 days before the return date
If served by mail, add 2 additional days (10 days total minimum)
NOTE: CPLR 306 (service of initiating papers on the court) is being added to our verified corpus. This page covers CPLR 308 and 2103, which are verified. Check back for CPLR 306 coverage.
Source: nysenate.gov, verified
FormaPauper automatically generates an affidavit of service as part of every filing packet. You enter:
The name and address of each party you are serving
The method of service (mail, personal delivery, overnight)
The date of service
FormaPauper produces a properly formatted, captioned affidavit ready to sign and attach to your filing. Service dates are calculated to comply with CPLR 2214(b) (8-day minimum) and CPLR 2103(b)(2) (2-day mail extension).
Note: You must actually serve the documents — FormaPauper generates the affidavit, but you are responsible for performing the service.
Identify who needs to be served
Every party in the case must receive a copy — plaintiff(s), defendant(s), their attorneys if represented. If a party is represented by counsel, you typically serve the attorney, not the party directly.
Choose your service method
For routine motions (CPLR 2103): mail is the most common. Personal delivery is faster. Overnight delivery is also acceptable. For initial summonses (CPLR 308): personal, substitute, or conspicuous service may be required depending on the situation.
Calculate your service deadline
Work backward from the return date. Under CPLR 2214(b), serve at least 8 days before the return date. If serving by mail, add 2 additional days per CPLR 2103(b)(2) — so serve at least 10 days before.
Serve the documents
Make a complete copy of everything you are filing and mail or deliver it to each party's last known address. Keep your proof — a stamped mail receipt, a postal tracking number, or a signed delivery confirmation.
Complete the Affidavit of Service
Fill in what you served, on whom, how, and when. Sign it under penalty of perjury. For personal delivery, the person who made the delivery signs the affidavit.
Attach it to your filing
The Affidavit of Service is typically the last document in your filing packet, placed after the Proposed Order.
Forgetting to serve the other side entirely — this is a fundamental defect that can cause your motion to be denied.
Serving too late — miscounting the 8-day minimum under CPLR 2214(b), or forgetting the 2-day mail extension under CPLR 2103(b)(2).
Serving the party instead of their attorney when the party is represented by counsel.
Using an outdated address — always use the most current address on record or the address on the most recent filing from that party.
Not keeping proof of mailing — without tracking or a receipt, your service date is your word alone.
Filing without attaching the affidavit — the affidavit must be physically included in your filed packet.
Using conspicuous ("nail and mail") service for routine motions — that method is for initial process service under CPLR 308, not for routine papers under CPLR 2103.
Not accounting for the 40-day completion rule for conspicuous service under CPLR 308(5).
Service of process (CPLR 308) is the formal method of serving the initial summons and complaint to bring someone into a lawsuit — it has strict requirements. Service of papers (CPLR 2103) is for routine filings after the case is already filed — motions, affirmations, memoranda. The rules are simpler for routine service.
Generally no, unless the court has authorized electronic service or the parties have consented. Under CPLR 2103, service of papers is by mail, personal delivery, or overnight delivery. Email service is not a standard method unless specifically permitted by the court or stipulation.
Conspicuous service under CPLR 308(5) involves affixing the summons to the door of the recipient's actual place of residence and mailing a copy to the last known residence. Service is complete 40 days after the papers are affixed and mailed. This method requires court authorization and is typically used as a last resort.
Use the address they provided in their most recent filing. If they are represented by an attorney, use the attorney's office address. If you are unsure, use the address on the most recent court document from them.
No. You serve only the other parties (or their attorneys). Filing with the court is separate from service — the court gets the original; the other parties get copies.
This is a real problem. You can search public records, use the last known address, or consult the court's rules on alternative service methods. Under CPLR 308, if standard methods fail, you may need to seek court approval for alternative service such as publication.
The person who actually performed the service signs the affidavit. For personal delivery, the person who made the delivery signs. For mail service, the person who mailed the documents signs. The affidavit is sworn under penalty of perjury.
Under CPLR 2214(b), a motion on notice must be served at least 8 days before the return date. If served by mail, add 2 additional days per CPLR 2103(b)(2) — so serve at least 10 days before the return date.
Yes. Under CPLR 2103, overnight delivery is an acceptable method for serving papers in a pending case. Service is complete upon deposit with the overnight delivery service.
Substitute service (CPLR 308(2)) involves delivering the summons to a person of suitable age and discretion at the recipient's actual place of business, dwelling, or usual place of abode, AND mailing a copy to the last known residence. Both steps are required.
FormaPauper's Document Wizard helps you build a complete, properly formatted NY filing packet — step by step, in plain English.
Important: Not Legal Advice
FormaPauper is not a law firm and does not provide legal advice. The information on this page is provided for general educational purposes only and applies specifically to New York courts. Nothing here creates an attorney-client relationship. Court procedures, fees, and rules change — always verify current requirements with your county courthouse or on nycourts.gov before filing. The legal authorities on this page have been verified against official sources (nysenate.gov / nycourts.gov) but have not been attorney-reviewed. For complex matters, particularly those involving permanent consequences, we strongly recommend consulting a licensed New York attorney. Free legal help is available through LawHelpNY.