New York State Court Clerk Practice Exam 2025 – The All-in-One Guide to Master Your Court Clerk Certification!

Question: 1 / 400

In personal service upon an infant, if the infant is 14 years or older, how must the summons be served?

Only by mail

Personally served on the infant

When serving a summons to an infant who is 14 years or older, the correct approach is to personally serve the summons directly on the infant. In New York State law, individuals who are 14 years and older are deemed to have the legal capacity to understand the proceedings against them, which necessitates that they be personally notified through formal service. This direct method ensures that the minor is made aware of the legal actions, respects their rights, and fulfills the due process requirements outlined in the law.

Mailing the summons, designating a legal guardian for service, or involving a social worker does not fulfill the legal requirement for personal service on the minor themselves. Each of those alternatives, while potentially involving communication with the minor's support system, would not satisfy the legal mandate that the minor directly receive notice of the legal action. Personal service on the minor reinforces the importance of informing them of the situation while also allowing them to engage appropriately in the process.

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By a legal guardian

Through a social worker

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