SCPA § 314

Proof of service of subpoena or process Proof of service of a subpoena or process shall be made in the manner and form prescribed by CPLR...  ·  as in force on May 31, 2026

§ 314. Proof of service of subpoena or process

Proof of service of a subpoena or process shall be made in the manner and form prescribed by CPLR 306 and 4532, provided, however, that a writing admitting service shall not be sufficient if made by an infant under the age of 16 years or an incompetent. Any person of the age of 16 years or over required to be served may in writing admit service of process.

Official sourcehttps://www.nysenate.gov/legislation/laws/SCP/314

In plain English

Proof of subpoena or process service must follow CPLR 306 and 4532. A person required to be served who is 16 or older may admit service in writing, but a written admission by an infant under 16 or an incompetent person is insufficient. ★

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.