(a) Contents of order; form of publication; filing. An order for service of a summons by publication shall direct that the summons be published together with the notice to the defendant, a brief statement of the nature of the action and the relief sought, and, except in an action for medical malpractice, the sum of money for which judgment may be taken in case of default and, if the action is brought to recover a judgment affecting the title to, or the possession, use or enjoyment of, real property, a brief description of the property, in two newspapers, at least one in the English language, designated in the order as most likely to give notice to the person to be served, for a specified time, at least once in each of four successive weeks, except that in the matrimonial action publication in one newspaper in the English language, designated in the order as most likely to give notice to the person to be served, at least once in each of three successive weeks shall be sufficient. The summons, complaint, or summons and notice in an action for divorce or separation, order and papers on which the order was based shall be filed on or before the first day of publication.
R 316.Service by publication.
Article 3. Jurisdiction and Service, Appearance and Choice of Court · Last amended 1980 · Last verified July 21, 2026
In one sentenceCPLR 316 spells out how service by publication must be carried out: the order's required contents, publication in two newspapers over four successive weeks (three weeks in one newspaper for matrimonial actions), and when service is deemed complete.
Full Text of CPLR 316
(b) Mailing to accompany publication in matrimonial actions. An order for service of a summons by publication in a matrimonial action shall also direct that on or before the first day of publication a copy of the summons be mailed to the person to be served unless a place where such person probably would receive mail cannot with due diligence be ascertained and the court dispenses with such mailing. A notice of publication shall be enclosed.
(c) Time of publication; when service complete. The first publication of the summons shall be made within thirty days after the order is granted. Service by publication is complete on the twenty-eighth day after the day of first publication, except that in a matrimonial action it is complete on the twenty-first day after the day of first publication.
Plain-English Summary
Once a court grants an order for service by publication under section 315, CPLR 316 governs how that publication happens. The order must direct publication in two newspapers, at least one in English, chosen as most likely to reach the person being served, running at least once a week for four successive weeks. Matrimonial actions get a lighter schedule: one newspaper in English, three successive weeks. Except in medical malpractice actions, the order must also state the sum of money the plaintiff could recover by default, and, if the action affects real property, a brief description of that property.
Matrimonial actions carry an added step: unless the defendant's mailing address can't be found despite due diligence, the court must also direct that a copy of the summons, along with a notice of publication, go out by mail on or before the first day of publication. Non-matrimonial actions carry no such mailing requirement, since publication in those actions is available only after other methods, including mail plus delivery to a person of suitable age and discretion, have proven impracticable.
Timing matters on both ends. Publication must begin within thirty days after the court grants the order. Service is then complete on the twenty-eighth day after the first publication -- or the twenty-first day, in a matrimonial action. The summons, complaint, and supporting papers in a divorce or separation action must be filed on or before the first day of publication.
Frequently Asked Questions
How many newspapers must run the published summons?
Two newspapers, at least one in English, except in matrimonial actions, where one English-language newspaper is enough.
How many weeks must the publication run?
Four successive weeks in most actions, or three successive weeks in a matrimonial action.
When is service by publication considered complete?
Twenty-eight days after the first publication, or twenty-one days after the first publication in a matrimonial action.
Do I also have to mail the summons if I'm publishing it?
Only in matrimonial actions, and only if the defendant's mailing address can be found with due diligence; other actions carry no mailing requirement.
How soon after the court's order must publication begin?
Within thirty days after the order is granted.
What must the published notice say?
The nature of the action and the relief sought, the sum of money the defendant could be liable for on default (except in medical malpractice actions), and, if the action affects real property, a brief description of that property.
Advisory Committee Notes
This rule is a simplification of rules 50–52 of the RCP. Rule 50 required that an order for service of a summons by publication must direct that such service be made by publication in two newspapers, in the English language, not less than once in each of six successive weeks. In a majority of jurisdictions, however, publication need be in only one newspaper. E.g., Ala Code, tit 7, § 204 (1940); Ariz Rev Stat Ann, R Civ P 4(e)(1) (1956); Cal Code Civ Proc § 413; Ga Code Ann §§ 81-206, 81-207.1 (Supp 1955); Ill Ann Stat c 110, § 14 (Smith-Hurd Supp 1956); Ind Ann Stat § 2-807 (Burns 1946); 58 Iowa Code Ann, R Civ P 62 (1951); Mich Comp Laws § 613.47 (1948); Miss Code Ann § 1852 (1956); Mont Rev Codes Ann § 93-3014 (1947); NM Stat Ann § 21-1-1(4) (g) (1953); ND R Civ P 4(g) (1953); ND R Civ P 4(g) (3); Ore Rev Stat § 15.140 (1955); SC Code § 10-454 (1952); SD Code § 33.0813 (1939); Tex Ann Rules, R Civ P 116 (1955); Utah R Civ P 4(f) (1); Va Code Ann § 8-76 (Supp 1957); Wash Rev Code § 4.28.110 (1951); W Va Code Ann § 5549 (1955); Wis Stat Ann § 262.13 (1957); Wyo Comp Stat Ann § 3-1103 (1945).
This rule requires publication in two newspapers, at least one of which must be in the English language. A saving is obtained by reducing the number of publications from six to four weeks—falling into step with most states. See, e. g., three weeks: Ala Code, tit 7, § 204 (1940); Ill Ann Stat c 110 § 15 (Smith-Hurd 1956); Ind Ann Stat § 2-807 (Burns 1946); Iowa Code Ann, R Civ P 62 (Supp 1956); Kan Gen Stat Ann § 60-2527 (Supp 1955); Miss Code Ann § 1852 (1956); ND R Civ P 4(g)(3); Okla Stat Ann, tit 12, § 173 (1937); Pa Stat Ann, tit 12, R Civ P 1124(b) (Purdon 1951); SC Code §§ 10-452, 10-454 (1952); Vt Stat § 2139 (1947); W Va Code Ann § 5549 (1955); Wis Stat Ann § 262.13 (1957); four weeks: Ark Stat Ann § 27-355 (1947); 1 Colo Rev Stat Ann R Civ P 4(h) (1953); Mo Ann Stat § 506.160(3) (Vernon 1949); Mont R Codes Ann § 93-3014 (1947); Neb Rev Stat § 25-519 (Reissue 1948); NJ Stat Ann § 2A:15-39 (1952); NC Gen Stat § 1-99 (Supp 1957); Tex Ann Rules, R Civ P 116 (1955). The requirement is added that the publication include a brief statement of the object of the action. The time in which publication must begin has been reduced from sixty to twenty days. There is no apparent reason for such a long delay. Mailing is not required in non-matrimonial actions since publication in nonmatrimonial actions is available only if other forms of service are not practicable. They are practicable if a mailing address is known since mailing plus affixing or delivery to a person of suitable age and discretion is possible.
1977 Recommendations of the Committee to Advise and Consult with the Judicial Conference on the Civil Practice Law and Rules:
The proposed amendment would conform the notice provisions of CPLR 316(a) to analogous provisions in CPLR 305(b).
1978 Recommendations of the Committee to Advise and Consult with the Judicial Conference and the Chief Administrator of the Courts on the Civil Practice Law and Rules:
CPLR 316(c) would be amended to change the time within which first publication of the summons must be made from 20 to 30 days from the granting of the order.
There is some judicial authority to the effect that the present 20-day period is jurisdictional so that if plaintiff makes the first publication on the twenty-first day no jurisdiction will be acquired ( Caton v. Caton, 72 Misc. 2d 544 (Supreme. Monroe 1972)).
The Office of Court Administration has received recommendations from attorneys for legislation to lengthen the time period during which publication may be made under CPLR 316(c). For a variety of reasons, busy attorneys often find it difficult to comply with the 20-day time limit, thus causing considerable additional expense and delay occasioned by the necessity of repeated publication. It has also been noted by a commentator that the time period of CPLR 316(c) is unduly harsh (see McLaughlin, 1973 Supplementary Commentary C316:2 on McKinney’s CPLR 316).
Amendment History
Add, L 1962, ch 308, § 1, eff Sept 1, 1963; amd, L 1962, ch 316, § 1; L 1963, ch 546, § 1; L 1969, ch 274, § 1; L 1978, ch 528, § 2, eff Jan 1, 1979; amd by the Judicial Conference, eff Sept 1, 1972; L 1979, ch 191, § 1, eff Jan 1, 1980.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: how many weeks to publish summons New YorkNew York publication service newspapersmatrimonial action publication service NYCPLR service by publication requirements