New York Law (NYLE) Practice Exam

What is the implications of delivering process within an established period and failing to file proof of service timely?

1. The defendant can still object to lack of proof

2. It does not affect the service of process validity

3. Defendants have no right to respond

4. The service is automatically deemed invalid

The correct answer is: The defendant can still object to lack of proof

The correct choice highlights a critical aspect of the service of process in legal proceedings. When a defendant is served, they have the right to assert objections regarding the service, including the failure to file proof of service on time. This means that just because there has been service, the defendant maintains the ability to challenge the adequacy and validity of that service when proof is not properly filed. This principle supports the fairness of the legal process, allowing defendants to ensure that they have been properly notified of the actions against them. Even if service was effective, the lack of timely proof can be grounds for a defendant to raise objections, which illustrates the importance of adhering to procedural rules regarding service and proof. In contrast, the other options do not accurately reflect the implications of failing to file proof of service. For example, the idea that it does not affect the service of process validity overlooks the procedural safeguards in place for defendants. Similarly, stating that defendants have no right to respond would contradict the fundamental due process rights afforded to them, which ensure that they can defend themselves legally. Lastly, suggesting that service is automatically deemed invalid fails to account for situations where the delivery of process itself may have been effective, despite the procedural misstep in filing proof. This reinforces the principle that