SCPA § 310

Who may serve process 1 · as in force on May 31, 2026

§ 310. Who may serve process

1. Any person over the age of 18 years, although a party, may serve process of the court within the state.

2. Personal service of process without the state may be made in the same manner as within the state by any of the persons authorized by CPLR 313 even though a party to the proceeding.

Official sourcehttps://www.nysenate.gov/legislation/laws/SCP/310

In plain English

Who may serve depends on where service occurs.

(1) Inside New York, any person over 18 may serve court process, even a party. ★
(2) Outside New York, any person authorized by CPLR 313 may personally serve process in the same manner as in-state service, even a party.

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.