FCA § 826

Service of summons

§ 826. Service of summons. (a) Unless the court issues a warrant pursuant to section eight hundred twenty-seven of this part, service of a summons and petition shall be made by delivery of a true copy thereof to the person summoned at least twenty-four hours before the time stated therein for appearance. If so requested by the respondent, the court shall not proceed with the hearing or proceeding earlier than three days after such service.

(b) If after reasonable effort, personal service is not made, the court may at any stage in the proceedings make an order providing for substituted service in the manner provided for substituted service in civil process in courts of record.

Official sourcehttps://www.nysenate.gov/legislation/laws/FCT/826

In plain English

(a) Unless a warrant issues, serve a true copy on the respondent at least 24 hours before the appearance time. ★ If the respondent requests, the court shall not proceed earlier than 3 days after service. ★
(b) If personal service fails after reasonable effort, the court may order substituted service (as in civil practice).

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 5 — The JG-22 Family Court Act and in Volume 1 — The JG-22 in Plain English.