New York Law (NYLE) Practice Exam

Is service of process by email allowed in civil actions in New York State courts?

1. Yes, always permitted

2. No, it is never permitted

3. Yes, but only with a court order

4. Yes, under specific conditions

The correct answer is: Yes, but only with a court order

In New York State courts, the service of process by email is permitted, but specific conditions must be met. This approach is typically used when traditional methods of service are impractical or when the parties have agreed upon email as a means of communication. A court order is often required to authorize service by email, ensuring that it is appropriate for the circumstances of the case. The need for a court order emphasizes the importance of ensuring that all parties have adequate notice of the proceedings in a manner that is reasonable and fair. Courts evaluate the situation to determine if email service will accomplish this effectively while balancing the rights of all involved. Other options are less accurate because they either overstate or understate the circumstances under which email service is permissible. For example, stating that it is always permitted overlooks the necessity for a court order, while claiming it is never permitted entirely disregards the legal provisions allowing such service under specific conditions.