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N.Y. SCP Law § 308

This is the official text of N.Y. SCP Law § 308, part of New York’s SCP Law — part of the compiled statutory law of New York, published by the state as "SCP Law." Browse the sections below, each linked to its official government source.

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Return day of citation 1

Official statutory text

§ 308. Return day of citation\n 1. Based on place of service. Except as otherwise provided in\nsubdivisions 2 and 3, the time of the return of a citation shall be\ngoverned by the following paragraphs:\n (a) The citation shall be served at least the following number of days\nbefore the return day:\n (i) 10 days if the person is served within the state by personal\ndelivery;\n (ii) 20 days if the person is served within the United States, the\nDistrict of Columbia, the Commonwealth of Puerto Rico or the possessions\nor territories of the United States by other than personal delivery; and\n (iii) 30 days in all other cases and where the office of the attorney\ngeneral is a party.\n (b) The time periods set forth under paragraph (a) of this subdivision\nshall commence to run from the time that service is complete as provided\nin 309.\n 2. Service by publication. If served by publication, the return day\nshall not be earlier than the day service is completed, as provided in\n309.\n 3. Service on consular official. If served upon a consular official\npursuant to 307, subdivision 3 (e), it shall be served at least 30 days\nprior to the return day.\n 4. For the purpose of fixing the time within which a process must be\nserved, service upon the clerk of the court, pursuant to designation, is\npersonal service upon the fiduciary within the county where the letters\nof the fiduciary were issued.\n

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.