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Service of process is the way the other person, called the defendant, receives court papers and notice about a court case. The defendant must be served before the court will hear your case. You may not serve the defendant yourself. Someone else, 18 or older, who is not involved in the case, must serve the defendant.
Service upon the attorney or upon a party shall be made by delivery of a copy or by mailing it to the address most recently stated in a pleading or paper filed by the attorney or party, or if not stated, to the last known address.
If the address of the person to be served is known but service was unsuccessful, common methods of substituted service are: posting the documents on the door of the residence, mailing copies to their lawyer or legal representative or one of their staff, sending documents by courier or fax, or.
If you are not served legally, you can request that the court dismiss the case for improper service. File your request as soon as possible before the trial date on the DC-002, Motion. If the judge grants your request and postpones the trial, the plaintiff will have to serve you with a new summons.
Service of process is the way in which the other person in a court case receives initial court papers and notice about the case. Papers you file with the court to start a case name a person or business you are suing, called the Defendant. After you file your papers, the court will issue a summons.
You may not serve the defendant yourself. Someone else, 18 or older, who is not involved in the case, must serve the defendant. There are three ways to serve someone: by certified mail, sheriff, and private process. Select how you wish to have the Defendant served by checking the box on your Complaint form.
When proof is made by affidavit that a defendant has acted to evade service, the court may order that service be made by mailing a copy of the summons, complaint, and all other papers filed with it to the defendant at the defendant's last known residence and delivering a copy of each to a person of suitable age and ...
Rule 3-126 - Process-Return (a) Service by Delivery or Mail. An individual making service of process by delivery or mailing shall file proof of the service with the court promptly and in any event within the time during which the person served must respond to the process.