A proposal authored by Larry Yellon has been brought to the attention of the Albany legislators on behalf of NY process servers seeking to replace affidavits with certifications of service.
The proposal requests a change in the CPLP Rule 306d Form allowing for a single signature. This would make affidavits obsolete and replace them with returns or certificates of service. Modeled on the Federal, California and Florida returns of service this would eliminate the need for notarization and make it easier to obtain proof of service from other states.
New Jersey process servers have also sought a similar rule change, presenting the request to Judge Grant, head of the Administrative Office of the Courts.
“The association would like to kindly request in place of a notarized affidavit, a certification instead be accepted for service of process which would ultimately have the same legally binding effect holding the individual responsible to the accuracy of the document. As the courts move toward electronic filing in all divisions, this would help to expedite the filings of affidavits.”
For the full letter go here.
Such a change would benefit both New York and New Jersey process servers considerably, as well as the entire judicial system. Not only would the cost be reduced for process servers, timelines would be shortened for filings. With the rise of e-filing in New Jersey, affidavits not requiring notarization could quickly be scanned and sent to the client while still in the field, expediting the time to file with the court and streamlining the case.
The benefits to the replacement of affidavits with certifications of service would ultimately benefit the courts, litigants, law firms and process servers.
