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

In a special proceeding, the accompanying document required alongside the petition is the notice of petition. This document serves a crucial role because it informs all relevant parties about the time and place of the hearing on the matters set forth in the petition. The notice of petition also outlines the specific relief sought and ensures that all parties have adequate notice to prepare their responses or appearances.

This requirement is integral to maintaining due process, ensuring that those who may be affected by the petition have the opportunity to participate in the proceedings. Being a procedural necessity, the notice of petition helps avoid default judgments against parties who may otherwise be unaware of the pending action.

By contrast, other documents like a summons may be associated with different types of court actions, while a notice of appearance indicates a party's intention to participate in a case but is not a prerequisite for a special proceeding. An affidavit may support the petition's claims but is not required as an accompanying document at the initiation stage of the special proceeding. Thus, the notice of petition is unique in its function and necessity in this context.