(a) Pursuant to court order. Upon application by any interested person or in response to letters rogatory issued by a tribunal outside the state, the supreme court or a county court of the state may order service upon any person who is domiciled or can be found within the state of any document issued in connection with a proceeding in a tribunal outside the state. The order shall direct the manner of service.
R 328.Assistance to tribunals and litigants outside the state.
Article 3. Jurisdiction and Service, Appearance and Choice of Court · Last amended 1973 · Last verified July 21, 2026
In one sentenceCPLR 328 allows service in New York connected to a lawsuit pending in another jurisdiction's tribunal, either under a court order obtained through an interested person or letters rogatory, or without any court order at all, though the service itself doesn't require New York to recognize the resulting judgment.
Full Text of CPLR 328
(b) Without court order. Service in connection with a proceeding in a tribunal outside the state may be made within the state without an order of court.
(c) Effect. Service under this rule does not, of itself, require the recognition or enforcement of an order, judgment or decree rendered outside the state.
Plain-English Summary
CPLR 328 lets New York courts assist litigation happening elsewhere. When a proceeding is pending before a tribunal outside the state, papers connected to that proceeding can be served on someone domiciled in, or found within, New York.
Two paths get there. Under subdivision (a), an interested person can apply to the Supreme Court or a county court, or a foreign tribunal can send letters rogatory, and the court will order service, directing exactly how it should be carried out. Under subdivision (b), no court order is needed at all -- service connected to the out-of-state proceeding can happen directly.
The section draws a clear line around what this service accomplishes. Serving someone in New York on behalf of a foreign proceeding doesn't, by itself, mean New York will recognize or enforce whatever order, judgment, or decree that proceeding eventually produces. Recognition and enforcement remain separate questions, decided under their own rules.
Frequently Asked Questions
Can I serve someone in New York for a lawsuit pending in another state or country?
Yes. CPLR 328 allows service in New York connected to a proceeding pending before an out-of-state tribunal, either with or without a New York court order.
When do I need a New York court order to make this type of service?
Under subdivision (a), an interested person can apply for one, or a foreign tribunal can request one through letters rogatory, and the court will direct how service is carried out.
Can this type of service happen without going to a New York court first?
Yes. Subdivision (b) allows service connected to an out-of-state proceeding without any court order.
Does serving someone in New York this way mean New York will enforce the foreign judgment?
No. CPLR 328(c) makes clear that the service alone doesn't require recognition or enforcement of the resulting order, judgment, or decree.
What are letters rogatory?
A formal request from a tribunal outside New York asking a New York court to order service, or other assistance, within the state.
Amendment History
Added by Judicial Conference, eff Sept 1, 1973.
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: letters rogatory New York serviceserve someone in New York for out of state lawsuitNew York assistance foreign tribunal serviceCPLR service for out of state proceeding