§ 2-233b Electronic Record of Service / GPS Requirements.
RCNY § 2-233
(a)General Requirements for GPS. A process server licensed pursuant to this subchapter must comply with the requirement of § 20-410 of the Administrative Code to carry at all times during the commission of their licensed activities, and operate at the time process is served or attempted, a device to establish electronically and record the time, date, and location of service or attempted service as follows: (1) Equipment.
(i)The process server must obtain a mobile device, such as a telephone or personal digital assistant, that utilizes the software necessary to make an electronic record of the location where, and the time and date when, the record is made as determined by Global Positioning System ("GPS") technology or Assisted-Global Positioning System ("A-GPS") technology, and labels the record with the network date and time maintained by the mobile device, the DCWP license number of the process server, the DCWP license number of the process serving agency that has distributed the process for service, the name of the plaintiff or petitioner, the name of the defendant or respondent, the docket number (if any), the name of the person to whom process is delivered and a unique file identifier of the process being served.
(ii)The mobile device must be equipped with the software necessary to make an electronic record of the location where and time and date when the record is made, as determined by triangulated cell tower signals, if at the time of the effected or attempted service of process a GPS signal is not available.
(iii)The mobile device software must automatically add that location, time and date information to the electronic record as soon as a GPS or cellular signal reaches the device if neither a GPS nor a cellular signal is present at the time the process server causes the electronic record to be made.
(2)Operation of Equipment.
(3)Contract for Services. The process server must enter into a contract with an independent third party who will provide services and perform functions described in paragraph (4) of this subdivision that enable the process server to meet the data storage and retrieval requirements set forth in such paragraph ("the GPS Contractor"), provided, however, that if the process server performs process serving activities distributed to them by a licensed process serving agency, the process server may utilize the device and facilities for the electronic record of service that the process serving agency obtains under a contract with a GPS Contractor.
(4)Data Storage and Retrieval. The electronic record must be automatically transmitted electronically from the mobile device to the GPS Contractor as soon as a GPS or cellular signal is available and location, date and time are entered into the electronic record. The GPS Contractor must store the electronic record according to the following terms: (i) the original digital file must be maintained by the GPS Contractor unaltered for a period of not less than seven years; (ii) neither the process server nor the process serving agency will be permitted to alter the original data, but may obtain copies of the original data file; (iii) the GPS Contractor must maintain the records in a manner that will permit retrieval by the DCWP license number of the process server, which will be specified as a seven-digit number, where the first number must be zero if the process server's license number is less than seven digits, the DCWP license number of the process serving agency from whom the process served was received, or, if not received from a process serving agency, the name of such other person or firm from whom the process served was received, the name of the plaintiff or petitioner, the name of the defendant or respondent, the docket number (if any), the name of the person to whom process is delivered and a unique file identifier of the process being served; (iv) the GPS Contractor must maintain the records in a manner that will ensure that their integrity is adequate for admissibility in a judicial proceeding under the rules of evidence applicable in the state of New York; (v) the GPS Contractor must produce upon request by the process server or the Department, and to any other party according to an appropriate order or subpoena, a copy of the electronic records, or any reasonably described part involved, certified by the GPS Contractor to be true and accurate; (vi) the GPS Contractor must provide to the process server or the Department upon request a street map in hard copy format and access to an interactive electronic street map that display the locations where the digital records were recorded with a date and time provided by GPS or cellular date and time; (vii) the GPS Contractor must provide to the process server or the Department upon request, and to any other party according to an appropriate order or subpoena, the process server’s electronic record in the format provided by the Department on its website.
(b)Provision of Equipment and Services by Process Serving Agency. A process serving agency licensed according to this subchapter may provide to licensed process servers the device and services required by subparagraph (a) according to a contract with an independent third party. For purposes of this Rule, a third party will not be considered independent if any officer or owner of ten percent or more of the shares of the licensed process serving agency has any interest, direct or indirect, in the third party.
(c)Report to Department.
(1)Within sixty days after the effective date of this Rule a licensed process server must submit to the Department in a form approved by the Commissioner a certification that he or she has secured the contract required by this Rule and identifying the name, address and account number of the GPS Contractor(s) providing the required device and services. After sixty days after the effective date of this Rule, no process server license will be issued or renewed unless the applicant submits such a certificate.
(d)Compliance with all laws. Compliance with the requirements of this Rule does not relieve a licensed process server of the obligation to make or maintain records required by any other federal, state, or local law, rule or regulation. (Amended City Record 9/23/2022, eff. 10/23/2022; amended City Record 12/31/2024, eff. 3/1/2025)
