What's happening
This bill requires that copies of petitions and related documents be served with a citation in surrogate’s court, with certain exceptions.
Why it matters
Increases transparency for parties involved in surrogate’s court proceedings. by requiring that those served with a citation also receive copies of the petition and supporting documents, ensuring they have full information about the case against them.
Helps recipients better understand and respond to legal actions. by guaranteeing access to the same documents the court is using to issue process, potentially reducing confusion and the need for additional motions or requests for information.
Balances efficiency and fairness. by maintaining exceptions for service by publication and voluntary accountings, recognizing situations where serving full documentation may be impractical or unnecessary.
May reduce delays and disputes over procedural fairness. since all parties will be on equal footing regarding the documentation provided at the outset, potentially streamlining court proceedings.
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Who cares
Headline styles
Serve Petition With Citation
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5414
2017-2018 Regular Sessions
IN ASSEMBLY
February 8, 2017
Introduced by M. of A. WEPRIN -- read once and referred to the Committee on Judiciary
AN ACT to amend the surrogate's court procedure act, in relation to service of a citation
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 306 of the surrogate's court procedure act is amended by adding a new subdivision 5 to read as follows:
5. A copy of the petition, affidavits, affirmations and exhibits thereto upon which process was issued, shall be served with the citation or other process to obtain jurisdiction of a party, except where service is by publication, and except in a proceeding for a voluntary accounting.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09517-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.