Form CIV-RC-94 – Affirmation of Service (Personal Delivery)

Jurisdiction: Country: USA | Province or State: New York

What is a CIV-RC-94 – Affirmation of Service (Personal Delivery)?

The CIV-RC-94 is a New York City Housing Court form. It is a sworn statement from the person who hand-delivered court papers. It proves when, where, how, and to whom the papers were delivered. The court uses it to confirm that the other side received the papers by personal delivery.

This form is specific to personal delivery. Personal delivery means the server handed the papers directly to the person or to an authorized representative. The form records that event in detail. It becomes part of the court file as your proof of service.

Who typically uses this form?

You will see it from process servers, attorneys, paralegals, building agents, and property managers. Self-represented parties use it too, as long as they were not the server. The server must be 18 or older and not a party to the case. That rule protects fairness and avoids disputes.

Why would you need this form?

Because Housing Court relies on written proof that service was done correctly, judges need to know the other side had notice. Without proof of service, you risk delays, denials, or adjournments. If the judge ordered personal delivery, you must show you followed that order. This form does that.

Typical usage scenarios include motions, orders to show cause, and post-judgment papers. For example, you file a motion to compel repairs. The judge sets a return date and orders personal service. Your server hand-delivers the motion to the landlord’s lawyer. The server then completes the CIV-RC-94, and you file it. Or you seek to vacate a default. The judge signs an order to show cause that requires personal delivery on the other side. Again, your server completes this form after delivery. You file it to confirm service.

You may also use this form if a stipulation or prior order requires personal service. Sometimes the court wants personal delivery for urgent issues. That could include access orders, contempt motions, or enforcement papers. The CIV-RC-94 memorializes that service in a clear, standardized way.

Put simply, this form is your receipt for hand delivery. It tells the court exactly what was served, on whom, and when. It is short, but it carries weight. Done right, it prevents avoidable fights about notice.

When Would You Use a CIV-RC-94 – Affirmation of Service (Personal Delivery)?

You use this form when you have served court papers by hand in a New York City Housing Court case. The key factor is the method: in-hand delivery. If you mailed the papers, you would use a different proof-of-service form. If you posted and mailed under special rules, you would use yet another form. Here, your server stood in front of the recipient and delivered the papers in person. That is when this form applies.

Tenants use the CIV-RC-94 after serving orders to show cause on landlords or their lawyers. For example, you obtained an order to show cause for repairs and access. It requires hand delivery to the owner’s attorney by a set date. Your friend, who is not a party and over 18, brings the papers to the attorney’s office. The friend hands them to the attorney or a person who states they are authorized to accept. Your friend then completes the CIV-RC-94. You file the signed form to show the court you followed the order.

Landlords and building agents use it when serving motion papers on tenants or their counsel. Perhaps you moved to dismiss a claim, and the judge required personal service. Your licensed server goes to the address and delivers the papers to the tenant in person. The server then fills out the CIV-RC-94. You file it to keep your motion on the calendar.

Attorneys use it often, especially after hallway service at the courthouse. You might hand a copy of your opposition papers to opposing counsel outside the courtroom. You then have your assistant who made the delivery sign the form. You file it so the record shows proper service.

You may also need the form for post-judgment enforcement in Housing Court. For example, you served an information subpoena or a motion to punish for contempt. The court might require personal delivery. Your server hand-delivers the papers and completes the CIV-RC-94.

Businesses and property managers use it when serving papers on authorized agents. If the tenant is represented, you serve the attorney. If the landlord is a company, you serve an officer or an employee who is authorized. In both cases, use the CIV-RC-94 to record the delivery details. If you served at a business office, state the person’s name, title, and role.

Some judges direct personal service to ensure notice in sensitive matters. That can include immediate access orders, emergency repairs, or stay applications. When the order says “personal service,” this is the form you use to prove it happened. It is not optional. If you skip it, you will likely get adjourned.

In short, whenever the method is hand-delivery, use this form. It fits tenants, landlords, managers, attorneys, and process servers. The common thread is an in-person delivery that must be documented for the record.

Legal Characteristics of the CIV-RC-94 – Affirmation of Service (Personal Delivery)

This form is a sworn statement. The server signs it under penalty of perjury. That signature gives the document legal effect. The court relies on it as prima facie proof that service occurred as stated. It is not the service itself. It is evidence of that service. Still, it carries real weight if it is complete and specific.

What ensures enforceability is accuracy, detail, and compliance with service rules. The form should identify who was served, where, and when. It should state that delivery was personal and describe the circumstances. If the recipient refused the papers, the server should note that. If the service was by an agent or a lawyer, the form should say so clearly. If it were at an office, the form should list the recipient’s name and title.

Courts expect the server to be 18 or older and not a party. That protects objectivity. Personal service should follow court orders and standard practice. If the case has an attorney, serve the attorney unless the court says otherwise. If the other side is a company, serve a person who is authorized to accept. The form should name that person and their role. Generic entries like “woman at desk” are weak and risky. Specificity prevents disputes.

Clarity matters. Good proof of service avoids default and adjournment fights. If the judge ordered personal service by a deadline, this form proves you met it. A complete form supports your motion or opposition being heard. An incomplete one can stall your case. If proof of service is challenged, the court will look first to this form. Detailed entries help the judge trust your record.

You should understand what the form is not. It is not notarized testimony like an affidavit. It is a signed affirmation that the court accepts in Housing Court practice. It is also not a substitute for proper service. If you serve the wrong person or miss the deadline, the form cannot fix that. It only confirms what happened.

The form must reflect truth. False statements carry penalties and can harm your case. If something is unclear, add a brief explanation. For example, if the person refused their name, describe them carefully and note the refusal. If you served at the courthouse, list the part or room and the circumstances. Judges appreciate candid, factual detail.

Finally, timing is critical. Many orders require proof of service to be filed by a set date. If you file late, you risk removal from the calendar. Bring a copy to court if the order says to “bring proof of service to the hearing.” Keep a copy for your records, too. Good recordkeeping reduces stress and surprises.

How to Fill Out a CIV-RC-94 – Affirmation of Service (Personal Delivery)

Follow these steps to complete the form correctly. The server, not a party, must complete and sign it.

1) Start with the case caption.

• Write: Civil Court of the City of New York, Housing Part.
• Add the county: Bronx, Kings, New York, Queens, or Richmond.
• List the parties exactly as in the case: Petitioner v. Respondent.
• Insert the index or docket number. Use the full number shown on your papers.
• If there is a Part or Room on your papers, you can include it.

2) Identify the documents served.

• Title each document. For example: Notice of Motion, Affirmation in Support, Exhibits A–D, Proposed Order.
• Include the date on each document if they differ.
• If you served an Order to Show Cause, write its signature date and return date.
• Be precise. The court needs to know exactly what was delivered.

3) State the date and time of service.

• Write the full date in month/day/year format.
• Add the exact time, including a.m. or p.m.
• Use local time, not a range. Specificity matters.

4) Identify the person served.

• Print the recipient’s full name if known.
• If the recipient refused to give a name, say “Name refused” and provide a full description.
• If you served a lawyer, write the lawyer’s name and firm.
• If you served a business, write the recipient’s name and title. For example: “Jane Smith, managing agent for ABC LLC.”

5) Describe the location of service.

• Give the street address, including unit, floor, or suite.
• If service occurred at the courthouse, list the courthouse address.
• Add the Part or courtroom if the service occurred there.
• If service occurred in a lobby or hallway, say so.

6) Confirm the method: personal delivery.

• State that you personally delivered the documents to the named person.
• If the person refused to accept, note that you explained the nature of the papers. State that you left the papers in their presence.
• Do not write “left with receptionist” unless the receptionist stated they are authorized to accept. If so, say exactly what they said.

7) Provide a physical description of the person served.

• Include approximate age range, height, weight, sex, skin tone, hair color, and any notable features.
• Add clothing if helpful. For example: “Black jacket, blue jeans.”
• If the person gave a name but refused a title, keep the description anyway. It helps verify identity.

8) State the server’s qualifications and details.

• The server must be 18 or older and not a party to the case.
• Print the server’s full name, home or business address, and phone number.
• If the server is a licensed process server, they may include their license number. If not, it is not required.
• Make clear the server’s non-party status. A simple “I am not a party” is enough.

9) Add any required narrative details.

• Note any conversation that shows authority. For example: “Recipient stated, ‘I am authorized to accept for ABC LLC.’”
• Note any refusal to accept or refusal to give a name.
• If multiple attempts preceded personal delivery, do not list them here. This form covers personal delivery only. Use one form for each person served.

10) Sign and date the affirmation.

• The server signs the form. Print the server’s name below the signature if the form allows.
• Add the date of signing. It should be the same day or soon after the service.
• The signature affirms the truth under penalty of perjury.

11) Make copies and file proof of service.

• Keep a copy for your records.
• File the original with the court if filing is required by the order or rule.
• If the judge told you to bring proof of service to the hearing, bring the signed original and a copy.
• If you are filing motion papers, attach this form behind your notice of motion or in your e-filed exhibit set if e-filing is allowed in your case.

12) Use one form per recipient.

• If you served two different people, complete two forms.
• List only the documents served on that specific person on that form.
• If you served both the party and their attorney, file a form for each.

13) Check for completeness before signing.

• Confirm the case number matches your papers.
• Confirm names are spelled correctly.
• Confirm date, time, and address entries are exact.
• Confirm that the description and authority details are recorded.

14) Avoid common errors.

• Do not sign if you did not make the delivery yourself.
• Do not leave out the time of service. Courts need it.
• Do not say “left at the office” without naming the person who accepted.
• Do not backdate the form. If you forgot to complete it, be truthful about when you sign.

15) If the service happened at the courthouse.

• List the courthouse address and the Part or room.
• State whether you handed the papers to counsel or the party.
• If given to support staff, record the staff member’s name and role and note that they said they were authorized.

16) If the recipient speaks through another person.

• Identify the person who accepted the recipient and explain their relationship.
• Example: “Accepted by John Doe, paralegal to Jane Smith, Esq., who stated he is authorized.”

17) If the order specifies who must be served.

• Follow the order exactly. If it says serve counsel, serve counsel.
• If it says serve the party, do not serve only the attorney unless the order allows it.
• If it requires service by a certain date and time, meet both.

18) If the recipient refuses to provide a name.

• Write “Name refused” and add a full description.
• Note any words spoken that confirm identity, like “I am the super.”

19) If you served multiple documents at once.

• List each title separately.
• If space runs out, attach a page labeled “Attachment to CIV-RC-94.” Sign and date it.
• Cross-reference the attachment on the main form.

20) Bring the form to court when unsure.

• If you cannot e-file or the clerk asks for originals, bring the signed original.
• Have a spare copy for the other side if asked.

These steps will produce a clear, credible affirmation. The judge should be able to see exactly what happened. That is the goal. Clean proof of service keeps your case moving and avoids disputes about notice.

A final quick checklist helps:

• Correct caption and docket number.
• Exact document titles.
• Date, time, and full address.
• Full identity of the recipient and role.
• Specific “in-hand delivery” statement.
• Physical description.
• Server’s full details and signature.
• Copies made and proof filed or brought to court.

If you follow this process, your CIV-RC-94 will do its job. It will show the court that you served by personal delivery, on time, and on the right person.

Legal Terms You Might Encounter

Personal delivery means handing the papers directly to the person you must serve. For this form, it means you physically gave the documents to the named party. You did not mail them, and you did not leave them with someone else.

Service is the act of delivering legal papers to a party. The court needs proof that service happened. This form is your written proof when you use personal delivery.

Server (or process server) is the person who delivers the papers. For this form, the server fills it out and signs it. If you are a party, check whether you are allowed to serve in your case type. Many courts require a non-party server who is at least 18.

Affirmation is a written statement you sign under penalty of perjury. It is not notarized. It says everything is true to your knowledge. This form is an affirmation. If your situation requires notarization, use an affidavit instead.

Affidavit is a written statement sworn before a notary. Some courts use an “Affidavit of Service.” Others provide an “Affirmation of Service.” The content is similar. The difference is notarization. This form is an affirmation, not an affidavit.

Caption is the case header. It lists the court, the case title, and the index or docket number. On this form, copy the caption exactly from your case papers. Do not change names, spacing, or order.

Index number or docket number is the case number assigned by the court. It appears on your initial court papers. You must include it on the form so the court links your service proof to the right case.

Petitioner and respondent are the parties in Housing Court cases. The petitioner brings the case. The respondent is the other party. In your form, identify who you served by their party role and full name.

Proof of service is the signed document that confirms service. This form is your proof for personal delivery. Without it, the court may not accept that the other side received the papers.

Penalties of perjury means you can face legal consequences if you lie in the form. Treat each detail as critical. Dates, times, locations, and names must be accurate and complete.

Service address is the location where you delivered the papers. On this form, record the exact address. Include apartment number, floor, or unit when relevant.

Date and time of service are the day and clock time when you handed over the papers. This form requires both. Some deadlines turn on the service date, so be precise.

Documents served are the exact papers you delivered. You must list them on the form. Use the titles printed on the documents (for example, “Notice of Motion,” “Answer”).

FAQs

Do you need a notary for this form?

No, this form is an affirmation, so it is signed under penalty of perjury and usually not notarized. If your court requires notarization for proof of service in your situation, use the affidavit version instead. If you are unsure, ask the clerk which proof-of-service form applies to your filing.

Can you serve the papers yourself?

Often, no. Many courts do not allow a party to serve its own papers. Service may need to be done by someone 18 or older who is not a party. The server then completes and signs this form. Confirm who can serve in your case before you attempt service. If you are the party and you served the papers yourself, the court may reject your proof.

What if the person refuses to take the papers?

For personal delivery, you must get the papers into the person’s hands or otherwise make clear delivery to that person. If they clearly refuse, do not argue or force physical contact. Record exactly what happened. If you could not complete hand-delivery, do not use this form. Consider whether another service method may be allowed, then follow the rules for that method and use the correct proof-of-service form.

Do you need a separate form for each person served?

Yes. Prepare a separate Affirmation of Service for each individual you served. If you served multiple documents on the same person at the same time, list them all on one form for that person. If you served those same documents on a second person, complete a second form for that person.

What details matter most on this form?

Accuracy matters. The full name of the person served, the exact date and time of delivery, and the full service address are essential. You should also list the document titles exactly as printed. The case caption and index or docket number must match your court papers. Small mistakes can delay your case.

When should you file the Affirmation of Service?

File it after service is completed and before any court deadline that depends on service. Some judges require proof of service before a hearing, motion date, or compliance conference. Others may ask you to bring the form to court. Check your notice or scheduling order and file promptly so the court sees timely proof.

What if you realize you made a mistake after filing?

Act quickly. Prepare a corrected Affirmation of Service with the right information. Label it as a corrected or amended proof if the court asks for that. File the corrected version and bring both copies to your next appearance. Tell the clerk or the judge’s staff at the earliest chance.

Can you use this form if you were served by mail?

No. This form is for personal delivery only. If you are served by mail, use the proof-of-service form for mail service. Mixing service methods and proof forms can cause confusion or rejection. Match the method used to the correct proof form.

Do you attach the documents you served to this form?

You usually do not attach the actual documents. You list their titles on the form. Keep a complete set in your file. If a judge asks later, you can produce them. If the court instructs you to attach copies for a particular motion or application, follow that instruction.

What if you served at a workplace?

List the full workplace address. Include the business name if known. Specify where inside the building the delivery happened, such as reception or a specific office. State that you personally delivered the papers to the named person. Workplace service may have extra rules in some situations, so use personal delivery only if you actually hand the papers to the person.

Checklist: Before, During, and After the CIV-RC-94 – Affirmation of Service (Personal Delivery)

Before signing

• Confirm you used personal delivery. If not, stop and use the correct proof-of-service form.
• Confirm the server is allowed to serve. The server should be 18 or older and not a party.
• Gather the case caption exactly as it appears on your court papers.
• Have the index or docket number ready.
• Have the full legal name of the person you served.
• Write down the exact date and time of service from your notes or calendar.
• Confirm the full service address, including apartment, floor, or unit.
• List the exact titles of the documents you delivered.
• Have the server’s contact information for the signature block.
• Set aside a copy of everything served for your records.

During signing

• Enter the correct court name and part if required by the form.
• Copy the case caption and index/docket number exactly. No abbreviations or name changes.
• Identify the person served by full name and party role (petitioner or respondent).
• Write the service date in month/day/year format. Include the exact time.
• Record the full address of service. Include city, state, and zip.
• List each document served by its printed title, not a summary.
• If the person served confirmed their identity, note how (ID, acknowledgment, prior familiarity).
• Read the penalty-of-perjury statement carefully.
• Sign and date the affirmation. The server signs, not the party’s lawyer, unless the lawyer was the server.
• If the form includes a signature block for the server’s address or phone, complete it.

After signing

• Make at least two copies: one for filing, one for your file.
• File the original or a signed copy, as the court requires, before any deadline.
• If directed, attach the Affirmation of Service to the motion, notice, or other filing.
• Calendar any hearing or response dates triggered by service.
• Bring a copy to court for your next appearance.
• Store your copy with the served documents and any mailing or delivery notes.
• If the service involved more than one person, file all related affirmations together and label them clearly.

Common Mistakes to Avoid CIV-RC-94 – Affirmation of Service (Personal Delivery)

Leaving out the exact time of service

• Consequence: The court may question whether service met timing rules. Your filing could be rejected or delayed. Don’t forget to include the precise time.

Using the form for the wrong service method

• Consequence: The court may not accept your proof. This can derail a motion date or hearing. Only use this form for personal delivery.

Misspelling the person’s name or mixing up parties

• Consequence: The court record becomes unclear. You may have to refile or even re-serve. Double-check names against the case caption.

Incorrect or incomplete service address

• Consequence: The court may doubt that you delivered to the right person or place. This can cause adjournments or dismissal. Record the full, exact location.

The party that served also signed the form, or the party was the server

• Consequence: Service may be invalid if a party served the papers when not allowed. Use a qualified server and have the server sign.

What to Do After Filling Out the Form CIV-RC-94 – Affirmation of Service (Personal Delivery)

• File the Affirmation of Service as soon as possible after delivery. Some filings require attaching the proof to the papers you are filing. Others require separate filing. Read your scheduling notice or motion instructions, and follow them.
• If you served more than one person, prepare and file a separate affirmation for each person. Label each one with the correct name and role. Keep the documents in the same order across all sets.
• Update your calendar. Note any deadlines that start from the service date. Include response due dates, motion return dates, and court appearances.
• Bring a copy of each filed affirmation to court. If a judge or clerk asks for proof of service, you will have it ready. Keep your copies with the set of documents you served.
• If you find an error, prepare a corrected version at once. File the corrected proof and bring both versions to court. If you served the wrong person or used the wrong address, you may need to re-serve. Confirm the correct approach with the clerk.
• If the court returns your filing for a fix, act quickly. Correct the form, refile, and keep a record of the resubmission date. Track any new dates set by the court.
• If you need to serve additional papers later, repeat the same process. Complete a new Affirmation of Service for each future personal delivery. Keep your records organized by date and recipient.