N.Y. Civil Practice Law & Rules Section 305
Summons

  • supplemental summons, amendment

(a)

Summons; supplemental summons. A summons shall specify the basis of the venue designated and if based upon the residence of the plaintiff it shall specify the plaintiff’s address, and also shall bear the index number assigned and the date of filing with the clerk of the court. A third-party summons shall also specify the date of filing of the third-party summons with the clerk of the court. The summons in an action arising out of a consumer credit transaction shall prominently display at the top of the summons the words “consumer credit transaction” and, where a purchaser, borrower or debtor is a defendant, shall specify the county of residence of a defendant, if one resides within the state, and the county where the consumer credit transaction took place, if it is within the state. Where, upon order of the court or by stipulation of all parties or as of right pursuant to section 1003, a new party is joined in the action and the joinder is not made upon the new party’s motion, a supplemental summons specifying the pleading which the new party must answer shall be filed with the clerk of the court and served upon such party.

(b)

Summons and notice. If the complaint is not served with the summons, the summons shall contain or have attached thereto a notice stating the nature of the action and the relief sought, and, except in an action for medical malpractice, the sum of money for which judgment may be taken in case of default.

(c)

Amendment. At any time, in its discretion and upon such terms as it deems just, the court may allow any summons or proof of service of a summons to be amended, if a substantial right of a party against whom the summons issued is not prejudiced.

Source: Section 305 — Summons; supplemental summons, amendment, https://www.­nysenate.­gov/legislation/laws/CVP/305 (updated Sep. 22, 2014; accessed Jun. 15, 2024).

301
Jurisdiction over persons, property or status
302
Personal jurisdiction by acts of non-domiciliaries
303
Designation of attorney as agent for service
304
Method of commencing action or special proceeding
305
Summons
306
Proof of service
306‑A
Index number in an action or proceeding commenced in supreme or county court
306‑B
Service of the summons and complaint, summons with notice, third-party summons and complaint, or petition with a notice of petition or or...
306‑C
Notice of commencement of action for personal injuries by recipient of medical assistance
306‑D
Additional mailing of notice in an action arising out of a consumer credit transaction
307
Personal service upon the state
308
Personal service upon a natural person
309
Personal service upon an infant, incompetent or conservatee
310
Personal service upon a partnership
310‑A
Personal service upon a limited partnership
311
Personal service upon a corporation or governmental subdivision
311‑A
Personal service on limited liability companies
312
Personal service upon a court, board or commission
312‑A
Personal service by mail
313
Service without the state giving personal jurisdiction
314
Service without the state not giving personal jurisdiction in certain actions
315
Service by publication authorized
316
Service by publication
317
Defense by person to whom summons not personally delivered
318
Designation of agent for service
320
Defendant’s appearance
321
Attorneys
322
Authority for appearance of attorney in real property action
325
Grounds for removal
326
Procedure on removal
327
Inconvenient forum
328
Assistance to tribunals and litigants outside the state

Accessed:
Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 305’s source at nysenate​.gov

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