SCPA § 308

Return day of citation 1 · as in force on May 31, 2026

§ 308. Return day of citation

1. Based on place of service. Except as otherwise provided in subdivisions 2 and 3, the time of the return of a citation shall be governed by the following paragraphs:

(a) The citation shall be served at least the following number of days before the return day:

(i) 10 days if the person is served within the state by personal delivery;

(ii) 20 days if the person is served within the United States, the District of Columbia, the Commonwealth of Puerto Rico or the possessions or territories of the United States by other than personal delivery; and

(iii) 30 days in all other cases and where the office of the attorney general is a party.

(b) The time periods set forth under paragraph (a) of this subdivision shall commence to run from the time that service is complete as provided in 309.

2. Service by publication. If served by publication, the return day shall not be earlier than the day service is completed, as provided in 309.

3. Service on consular official. If served upon a consular official pursuant to 307, subdivision 3 (e), it shall be served at least 30 days prior to the return day.

4. For the purpose of fixing the time within which a process must be served, service upon the clerk of the court, pursuant to designation, is personal service upon the fiduciary within the county where the letters of the fiduciary were issued.

Official sourcehttps://www.nysenate.gov/legislation/laws/SCP/308

In plain English

The return date must leave the required minimum time after service.

(1)(a)(i) Allow at least 10 days after personal delivery within New York. ★
(1)(a)(ii) Allow at least 20 days for other service within the United States, District of Columbia, Puerto Rico, or U.S. possessions or territories.
(1)(a)(iii) Allow at least 30 days in every other case and whenever the attorney general’s office is a party. ★
(1)(b) These periods begin when service is complete under § 309.
(2) With publication, return cannot be earlier than completion under § 309.
(3) Consular service under § 307(3)(e) must occur at least 30 days before return.
(4) Designated service on the court clerk counts as personal service on the fiduciary in the issuing county.

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 1 — The Surrogate's Court in Plain English; Volume 2 — The Surrogate's Court Procedure Act; Volume 5 — Your Career: Surrogate's Court in Plain English.