X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
E-discoveryAs the nation grapples with the COVID-19 pandemic, in-person life has been paused and the concept of “social distancing” has become part of our everyday vocabulary. Eventually stay-at-home orders will be lifted and people will re-enter life outside the home, but social distancing recommendations are expected to remain for the foreseeable future. Social distancing will raise a number of legal issues, including effectuating hand delivery service of process on natural persons. This article will review New York’s service of process requirements and explore whether changes need to be made to strike a different balance of interests in our new social distanced world.

It is a bedrock principle of our legal system that parties to a litigation must be made aware of legal proceedings brought against them. Recognizing, however, that it can be difficult to personally serve natural persons, it is well settled that service of process can be obtained by methods other than by personal hand delivery and still pass constitutional muster. In Milliken v. Meyer, the Supreme Court held that that the “adequacy so far as due process is concerned is dependent on whether or not the form of substituted service provided for such cases and employed is reasonably calculated to give him actual notice of the proceedings and an opportunity to be heard.” 311 U.S. 457, 463 (1940). New York, like all states, allows for such non-hand delivery substitute service, but historical concerns with “sewer service” resulted in New York having among the highest “due diligence” thresholds before non-hand delivery substitute service is permitted.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

Law Firms Mentioned

 

Library of New York Civil Discovery FormsBook

Library of New York Civil Discovery Forms is a library of over 150+ sample documents and forms selected from Smart Litigator New York, a complete, affordable, NY-specific...

Get More Information
 

America's Claims Executive (ACE) 2020Event

ACE Leadership Forum & Expo is the annual conference for Senior Claims Executives in Insurance organizations.

Get More Information
 

Banking Litigation & Regulation Forum 2020Event

Delivers the key insights and practical solutions to acutely address the complex minefield of UK banking litigation & regulation.

Get More Information
 

Commercial Litigation & Arbitration Forum 2020Event

For senior dispute resolution professionals to network and engage through open debate, panels, expert speakers & breakout sessions

Get More Information
 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.