Form CIV-RC-95 – Affirmation of Service (Other than Personal Delivery)

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

What is a CIV-RC-95 – Affirmation of Service (other than personal delivery)?

This form is a sworn statement. You use it to prove that you served court papers in a Housing Court case without hand-delivering them. It records how, when, and to whom you sent the papers. It also confirms the exact address and delivery method you used. The New York City Housing Court requires proof of service for many filings. This form gives the judge a clear, reliable record.

“Other than personal delivery” covers methods like regular mail, certified mail, or overnight delivery. It can also cover services directed by a judge, such as mail plus posting. You complete the form after you send the papers. You then file the form with the Housing Court.

Who typically uses this form?

Parties and attorneys in New York City Housing Court matters. That includes landlords, tenants, property managers, and their counsel. Non-lawyers can also use it when they are allowed to serve the papers. The person who actually mails or arranges delivery completes the form. If you used a carrier or someone else to mail the documents, that exact person must sign.

You need this form any time you must prove service without a face-to-face handoff. You might serve motion papers by mail. You might serve an opposition brief or exhibits. You might serve an Order to Show Cause as directed by a judge. You might serve post-judgment papers or notices. You may also use it for discovery demands or responses. For each of those, you use this form to confirm service details.

Typical usage scenarios

You prepare your motion papers. You mail them to the other side and any attorneys. You finish the mailing before the deadline. Right after you mail, you complete the Affirmation of Service. You list the papers, addresses, and mailing details. You sign under penalty of perjury. You file the affirmation with the court. You keep copies for your records.

Note one key limit. Starting a case often requires a process server. That includes the petition and notice of petition in many Housing Court cases, for those who do not use this form. Use the process server’s proof of service instead. You use this affirmation for mail and other approved methods after the case begins. You also use it when a judge orders service by mail or delivery.

This form belongs to the New York City Housing Court. It is a standard tool in that court. Clerks and judges expect it when you serve documents without direct hand delivery.

When Would You Use a CIV-RC-95 – Affirmation of Service (other than personal delivery)?

You use it when you serve papers by mail or similar methods in a New York City Housing Court case. A tenant might mail opposition papers to the landlord’s attorney. After mailing, the tenant completes this form. The tenant lists the date mailed, the post office used, and the attorney’s address. The tenant then files the form so the judge sees timely service.

A landlord might serve a reply affirmation by overnight delivery. The landlord must then complete this form. The landlord identifies the carrier, tracking number, and delivery address. The landlord signs under penalty of perjury and files the affirmation. This proves proper, timely service to the court.

You may also use this form when a judge directs service by mail. For example, a judge may sign an Order to Show Cause with service instructions. The judge may require mail to be sent to a specific address by a certain date. You follow the judge’s directions exactly. You then complete this form to confirm you did so. You attach any required receipts. You file the form by the deadline.

You would also use this form for service of discovery demands or responses. Say you mailed a notice for depositions to opposing counsel. You complete this form on the same day. You record the mailing details and the contents served. You then file it if the court requires proof or if a dispute arises.

Another common use is post-judgment service. You might serve a motion to vacate a default. Or you might serve a motion to restore the case to the calendar. If you serve those by mail or delivery, you use this form. It shows the judge that the other side received the papers.

Attorneys use this form regularly. Self-represented parties use it as well. The core rule is simple. The person who performs the mailing or delivery completes and signs. If a friend mails the papers for you, the friend must sign. If your office clerk uses the carrier, the clerk signs. The signer must have personal knowledge of the mailing or delivery.

Legal Characteristics of the CIV-RC-95 – Affirmation of Service (other than personal delivery)

This form creates a sworn record. It is signed under penalty of perjury. That makes it a legally significant document. Judges rely on it to confirm that the service happened on time and in the right way. If you do not file it, your motion may be rejected or adjourned. If it lacks key details, the court may find that service was improper.

The form is enforceable because New York rules require proof of service. The court needs evidence showing when and how you served papers. This affirmation provides that evidence in a standard, accepted format. It gives the necessary facts. It also identifies the person who performed the service. It can be used in hearings and on motions. If challenged, the signer may need to testify to the facts.

The affirmation is binding on the signer. False statements can bring penalties. The court may strike your papers or impose sanctions. Perjury also has serious legal consequences. For that reason, complete the form carefully and truthfully. Review each address, date, and method before you sign. Attach receipts when available. Make sure the listed contents match what you actually mailed.

There are some limits to keep in mind. Certain documents cannot be served by mail at the start of a case. Many Housing Court petitions require delivery by a process server. Use the correct proof of service for those. Follow all service rules and any judge’s specific directions. Do not invent a method that the rules do not allow.

Be mindful of who may sign this form. The signer must be the person who performed the mailing or delivery. The signer must also be old enough and competent. For a service that requires a non-party, respect that rule. If you are not allowed to serve a particular paper, do not sign this form for that service. Use an eligible server instead.

Timing matters. Service by mail has counting rules. Deadlines often run from the date of mailing. But hearing dates may require receipt by a certain day. Review the order or motion schedule. Mail early enough to meet every deadline. Keep proof such as postal receipts and tracking records. Attach them if the judge requests it or if the form allows.

Finally, the court may reject a defective affirmation. Common defects include missing case numbers, missing addresses, or unclear methods. Another defect is listing the wrong recipients. Correct defects quickly. Re-serve if needed. File a corrected affirmation right away.

How to Fill Out a CIV-RC-95 – Affirmation of Service (other than personal delivery)

1) Gather the papers you served.

Make a full set of the exact documents you mailed or delivered. Confirm page counts. Confirm all exhibits are included. Note the title of each document. Examples include Notice of Motion, Affirmation in Support, or Reply.

2) Confirm the method of service permitted.

Check any order or rule that governs your service. If a judge gave service directions, follow those directions exactly. If you serve by mail, confirm the acceptable class of mail. If required, use certified mail or overnight delivery. Do not choose a different method without approval.

3) Identify each recipient and address.

List every person or lawyer who must receive the papers. Use their full names and complete addresses. For attorneys, use the office address listed on the papers. For parties without attorneys, use the home or business address directed by the court. If a judge ordered service at multiple addresses, list each one.

4) Complete the case caption at the top.

Enter the court: New York City Housing Court. Enter the county where the case is filed. Enter the case title, exactly as on your papers. Include the docket or index number. Housing Court cases often use a landlord-tenant number. Copy it carefully. Accuracy is critical for filing.

5) Identify yourself as the server.

Enter your full name and your contact address. State that you are over 18. If a non-party is required to serve, confirm you are not a party. If you are a party and service by a party is allowed, note that you performed the mailing or delivery.

6) Describe the documents you served.

List each document by title. Include the date on each document. If you served exhibits, note “with exhibits” or list the exhibit labels. If you served an Order to Show Cause, include the return date. Use clear, simple terms that match the document headers.

7) Check the service method used.

The form will offer options such as regular mail, certified mail, or overnight delivery. Check all that apply. If you used certified mail, include the certified number. If you used overnight delivery, include the carrier and tracking number. If a judge ordered posting plus mailing, describe both steps in detail.

8) State the date and place of mailing or delivery.

Enter the exact date you mailed or sent the papers. List the time if the form requests it. State the location where you mailed them. For mail, name the post office or mailbox location. For overnight delivery, name the carrier office or pickup location.

9) List each recipient with full details.

For each recipient, list the name, title, and address. State how you served that person. For example, “served by first-class mail” or “served by overnight delivery.” If you sent to multiple addresses for one person, list each address. Each line should show a complete service record.

10) Match the form’s language for the affirmation.

The form includes an affirmation clause. It states that you affirm the truth of the statements. Read it and make sure it matches your situation. You sign under penalty of perjury. If the court requires notarization for your service, use the appropriate affidavit form. Ask the clerk if you are unsure.

11) Sign and date the affirmation.

Sign your name where indicated. Print your name under the signature. Add the date and the city or county where you signed. Make sure your signature date matches your actual signing date. Do not sign for anyone else.

12) Attach supporting documents if available.

Attach postal receipts, certified slips, or tracking pages if you have them. Attach a copy of any judge’s service order. Attach a copy of the addressed envelope if helpful. Keep originals for your records. Attach only legible, complete copies.

13) Review for completeness and accuracy.

Check the docket number. Check names, addresses, and dates. Confirm the method boxes match your actual method. Confirm the documents listed match the papers you mailed. Correct any errors before filing.

14) Make copies for your records.

Make at least two copies. Keep one with your mailing receipts. Bring one to court. If the court asks for proof, you can present it immediately.

15) File the affirmation with the court.

File the signed affirmation promptly. If you filed a motion, submit this with your motion papers. If the judge’s order sets a deadline, meet that deadline. If your case uses electronic filing, follow those steps. If not, file in person at the clerk’s office. Ask the clerk to stamp a copy received for your records.

16) Serve the affirmation if required.

Sometimes the court requires you to serve the proof of service on the other side. If so, mail a copy of the signed affirmation to all recipients. This step is not always required. If in doubt, serve it anyway to avoid disputes.

17) Track delivery and follow up.

Suppose you used certified or overnight service and tracked delivery. Print the delivery confirmation. Bring it to court. If a delivery fails, re-serve at once if time allows. File a new affirmation that explains the corrected service.

18) Special notes for service ordered by a judge.

Follow the order exactly. Use the specified method, deadline, and addresses. If the order requires both mailing and posting, do both. Record the date and location of any posting. Take a photo if allowed. File your affirmation before the return date.

19) Common mistakes to avoid.

Do not list the wrong docket number. Do not forget an address for a co-respondent or counsel. Do not miss the certified or tracking number when required. Do not sign if you did not perform the service yourself. Do not rely on mail if the rules require a process server.

20) Keep proof until the case ends.

Store copies of the affirmation and all receipts. Keep them until the case concludes and any appeal time passes. You may need them if service is challenged later.

Practical example: You are a tenant filing opposition to a landlord’s motion. You mail your opposition by first-class mail to the landlord’s attorney on Monday. You complete this affirmation the same day. You list the date, post office, and full address. You attach the postal receipt. You file the affirmation with the court that week. At the hearing, the judge accepts your proof and proceeds.

Another example: A landlord must serve an Order to Show Cause by overnight delivery and mail. The judge’s order names two addresses. The landlord’s clerk sends the papers using a carrier and also mails regular copies. The clerk completes this form. The clerk lists both methods, both addresses, and both tracking and mailing details. The clerk files the affirmation by the deadline. The court finds service proper.

If you follow these steps, you will create clear, reliable proof of service. Your papers will move forward. The judge will have confidence in your service record.

Legal Terms You Might Encounter

• Service means how you deliver legal papers to the other side. This form records that delivery when you did not hand papers directly to the person.
• Personal delivery is hand-to-hand delivery to the person you are serving. This form is for every other allowed method besides that.
• Substituted service means you left the papers with a responsible adult at the person’s home or business, then mailed a copy. On the form, you list who you left papers with, their role, a brief description, and when you mailed.
• Affix-and-mail (often called nail-and-mail) means you posted the papers at the door or a visible place at the correct address, then mailed a copy. The form asks you to state where you affixed the papers and the mailing details.
• Mailing service is sending the papers by mail as allowed by the rules. On this form, you specify the mail class used, the date of mailing, the address, and the envelope markings.
• Server is the person who actually did the service. You complete and sign the form only if you were that person. If you are a party and the rules do not allow you to serve, do not sign this form.
• Caption is the case heading on every court paper. It includes the court name, the parties’ names, and the case number. You copy the caption exactly so the court can match your proof of service to the right case.
• Index or docket number is the unique case number assigned by the court. You must write it exactly as it appears on your court papers. Mistakes here can cause filing problems.
• Premises refers to the housing unit or building involved in the case. When you serve at the premises, list the full address and any apartment number on the form.
• Affirmation is a signed statement under penalty of perjury. It does not require notarization. By signing this form, you affirm the facts of service are true.
• Proof of service is the official record that service occurred and how it occurred. This form is your proof for any service other than personal delivery.
• Return date or court date is the date the court will hear the case or motion. Timely service matters because the court needs proof before that date. You confirm the date on the form if it asks for it.

FAQs

Do you need a notary for this form?

No. This is an affirmation. You sign it under penalty of perjury. You do not need a notary. Sign your name and date the form after you complete all details.

Do you complete one form for each person served?

Yes. Complete a separate form for each person you served. If you used more than one method for the same person, complete a separate form for each method. Clear, separate proofs prevent confusion.

Do you attach mailing receipts or photos?

You should keep them for your records. The form does not always require attachments. Still, keep postal receipts, certificate of mailing slips, or photos of an affixed notice. If the court asks for more proof, you will have it.

Do you count the day of service when computing deadlines?

No. Start counting the day after service is completed. If you used a method that requires both delivery and mailing, the service is completed after the mailing step. Follow the rules that apply to your papers.

Do you list the exact time of service?

Yes. List the exact time and date. Write AM or PM. For substituted service or affix-and-mail, also list when you mailed the papers. Precision helps the court confirm compliance.

Do you need a description of the person you left papers with?

Yes, for substituted service. Include name if known, relationship or role (e.g., coworker, doorman), age range, gender, skin tone, hair color, and other identifiers. Keep it respectful and factual. The form provides space for this.

Do you file the original or a copy of this form?

File the original signed form with the court. Keep a copy for your records. If the court requires copies for the other side, bring extras. Always retain a full set for yourself.

Do you use this form for personal delivery?

No. This form is for service other than personal delivery. If you hand papers directly to the person, use the appropriate personal delivery form. Choose the correct form to avoid filing issues.

Checklist: Before, During, and After the CIV-RC-95 – Affirmation of Service (other than personal delivery)

Before signing: Information and documents you need

• The exact case caption as it appears on your court papers.
• The case number (index or docket number).
• The court location and part, if listed on your papers.
• The full address where you served, including apartment number and ZIP code.
• The name of each person you served or attempted to serve.
• The method of service you actually used (mail, substituted service, affix-and-mail, or other allowed method).
• The documents you served, by title (e.g., Notice of Petition, Petition, Motion, Order to Show Cause, Answer).
• The date and time of service, and the date and time of any required mailing.
• Postal details, if mailed (class of mail, post office location, tracking or certificate numbers, if any).
• Physical description of the person you left papers with, if you used substituted service.
• Any building staff involvement (e.g., doorman, property manager), if relevant.
• A calendar to confirm timing requirements against your court date.
• A pen with black or blue ink and a clean copy of the form.

During signing: Sections to verify

• Case caption: Match names and case number exactly to your court papers.
• Court name: Confirm it is the correct Housing Court location.
• Documents served: List each document by full title. Do not use abbreviations that the court may not recognize.
• Address of service: Include building number, street, apartment, city, state, and ZIP code.
• Method of service: Check only the box that matches what you did. Do not check multiple methods on one form.
• Date and time: Enter the exact date and time. For methods requiring mailing, list the mailing date and where you mailed.
• Mailing details: State the mail class (e.g., first-class) and how the envelope was addressed and sealed. If you used certified mail, note that.
• Person served (for substituted service): Include name if known and a brief physical description. Add the person’s relationship to the recipient if known.
• Posting details (for affix-and-mail): Describe where you affixed the papers (e.g., front door) and how you ensured they were secure and visible.
• Server’s eligibility: Confirm you were legally allowed to serve the papers. If not, do not sign; have a qualified server complete service and this form.
• Signature and date: Sign under penalty of perjury and date the form. Ensure your printed name and contact information, if requested, are clear.

After signing: Filing, notifying, and storing

• Make copies: Create at least two copies of the signed form. Keep one for your records.
• File promptly: File the original with the Housing Court clerk. Do this within the timeframe tied to your papers and court date.
• Bring proof: When you file, bring postal receipts or certificates of mailing if you used the mail. The clerk may ask to see them.
• Serve copies if required: If the court directs, serve a copy of the filed affirmation on the other side.
• Calendar your date: Confirm your next court date and time. Bring your copy of the form and any proof to court.
• Store records: Keep a case file with the filed form, mailing receipts, and any delivery notes. Organize by date.
• If the filing is rejected: Fix the issue the clerk notes, reprint a clean form, and re-file quickly.

Common Mistakes to Avoid CIV-RC-95 – Affirmation of Service (other than personal delivery)

• Leaving out the mailing step. Some methods require both delivery and mailing. If you forget the mailing, the service can be invalid. Don’t forget to complete and record the mailing date and mail class.

• Using the wrong address or missing an apartment number. Incomplete addresses lead to returned mail or invalid service. Double-check the exact unit, floor, or apartment on the form and envelope.

• Mixing methods in one form. Checking multiple methods creates confusion and risk of rejection. Use one form per person per method.

• Having a party that is not allowed to perform service. Some papers must be served by a nonparty adult. If an ineligible person serves, the court may refuse your proof and delay the case. Confirm eligibility before service.

• Vague or missing description in substituted service. If you leave papers with someone, you must describe them. A missing or vague description weakens your proof. Include age range, gender, and other neutral identifiers.

• Wrong or missing case number. A mismatched case number can misfile your proof. Copy the number exactly from your court papers.

• Not signing and dating the form. An unsigned or undated affirmation has no effect. Sign under penalty of perjury and date it the same day you finish the form.

What to Do After Filling Out the Form CIV-RC-95 – Affirmation of Service (other than personal delivery)

• Review the form for accuracy. Confirm the caption, case number, address, service method, and dates. Small errors can cause big delays.

• Make copies. Keep a full copy set of the affirmation and any supporting receipts or photos. Label them with the case number and date.

• File the original with the clerk. File as soon as possible after service. Many papers require proof of service to be on file before the court date. Do not wait until the last minute.

• Bring proof to court. Bring your copy and any mailing or posting proof to the hearing. If the judge asks questions, you can answer with specifics.

• Serve copies if directed. If the court instructs you to provide a copy to the other side, do so promptly. Use a trackable method if appropriate.

• If you spot an error, correct it the right way. Do not alter a signed original. Prepare a new, accurate affirmation and file it as an amended proof. Keep both versions in your records.

• If service failed, serve again. If the mail is returned or you learn the address was wrong, correct the address and re-serve. Complete a new affirmation describing the new service and mailing.

• Track deadlines. Service often affects hearing dates and response times. Confirm you met the timing rules that apply to your papers. If timing is off, ask the clerk about your options.

• Keep your records organized. Maintain a timeline of attempts, deliveries, and mailings. If service is challenged, your records help show you followed the rules.
• Follow any court instructions. If the judge or clerk gives you specific directions about service or proof, follow them exactly. Note them in your file and calendar any new dates