Affidavit Of Service By Mail Form (Page 3 of 3) in pdf

(10/08) FORM 5A

PRO SE GLOSSARY OF TERMS

APPELLANT:

The party that files a notice of appeal.

RESPONDENT:

The party who opposes the appeal.

TRIAL COURT/LOWER COURT/COURT OF ORIGINAL JURISDICTION:

The court in which the legal action began is referred to as the trial court. These courts include

the Civil and Criminal Courts of the City of New York in Kings, Queens and Richmond counties; the Justice,

Village, City, Town, and District Courts (and only civil appeals from County Courts) in Dutchess, Nassau, Putnam,

Orange, Rockland, Suffolk, and Westchester counties. Appeals from these courts are taken to the Appellate

Term, 2nd Department.

NOTICE OF APPEAL:

This is the form used by someone to begin the appeal process. This form, after it is filled out, is served

upon the other party(ies) in the action and then filed in the trial court.

MOTION:

A formal request to the court for some type of relief (e.g. to stay all proceedings, to dismiss the appeal,

to vacate the dismissal, etc.).

NOTICE OF MOTION:

This is the form that identifies who is making the motion, when the motion is returnable (to be

submitted to the court), and, what relief the movant is seeking.

MOVANT:

The person who is making the motion.

RETURN DATE:

The date the motion will be submitted to the court.

AFFIDAVIT IN SUPPORT OF THE MOTION:

This is the written explanation, sworn to by the movant, setting forth why the court should grant the

relief requested.

Note: There are two types of affidavits generally associated with motions, an affidavit in support of the

motion and an affidavit of service. An affidavit is a statement sworn to before a notary public. An affidavit of

service is a different type of affidavit and is explained in “Proof of Service”.

SERVICE:

Service or serving papers means causing some type of papers to be delivered to someone. Service must be

upon the attorney representing your opponent (if he or she has an attorney) or upon the party, if the party does not

have an attorney.

PROOF OF SERVICE:

The legal requirement for service is that unless otherwise specified by the court, all service must be by

third party service (by someone who is not a party to the action, they can be a relative or a friend). The third party

must serve the papers upon your opponent. Service can either be by personal service, the third party actually

hands the papers to your opponent or their attorney, or service can be by mail, the third party mails the papers to

your opponent. Under either method, the third party must prove that the service was done. Proof is provided by

submitting an affidavit of service, or by having the party upon whom the papers are served, sign and date a copy of

the papers indicating that he or she has received the papers.

Affidavit Of Service By Mail Form Page 3