Serving Motion In Queens

Summary

In New York, serving a motion to default generally requires direct service to the defendant if their attorney hasnt filed a notice of appearance. Serving the attorney might be acceptable if they have been involved in communications, but its crucial to confirm with your attorney or the court. To cover all bases, serving both the defendant at their home address and their attorney could be prudent. Always consult your attorney or court rules for specific guidance on the best approach.

Full Conversation

My attorney handed me a second round Motion to Default. The defendants did not file with the new york Queens Civil Court a Notice of Appearance but only emailed a signed version to my attorney. In the motion to default, my attorney will service one of the defendants to their attorney which has not filed a notice of appearance and not her home addresses? Is this correct with the new york Queens Civil court?
In New York, serving a motion to default typically requires serving the defendant directly, especially if their attorney hasn't filed a notice of appearance. However, serving the attorney might be acceptable if they've been involved in communications. It's best to confirm with your attorney or the court for specific rules. Would you like more information on court procedures or have further questions?
Yes
****ure! Here's a bit more information on court procedures regarding serving motions in New York:
- ****ervice Requirements: Typically, service should be made directly to the defendant unless the attorney has officially appeared in court.
- Notice of Appearance: An attorney must file this document to officially represent a client in court.
Would you like to know more about any specific aspect of the procedure?
Yes
Case Rating: *
It seems like you are dealing with a procedural issue in a civil case. Would you like more information on how to proceed with serving motions or any other specific aspect?
Is the best course of action to serve the defendants attorney who has not filed a notice of appearance as well as serve the defendants at their home addess to cover all basis?
Case Rating: *
In New York, serving both the defendant and their attorney can be prudent if the attorney has been involved in communications. However, the attorney's lack of a notice of appearance might require direct service to the defendant. It's wise to verify with your attorney or court rules for clarification on the best approach.
How would you serve?
Case Rating: *
In New York, I would recommend serving the defendant directly at their home address, as their attorney hasn't filed a notice of appearance. Additionally, serving the attorney could be beneficial if they have been actively communicating. Always consult your attorney or the court for precise guidance.