Importance of Serving Court Papers
It goes without saying that you can rely on the courts to assure you of relief in the event that you are worried of being harmed legally. It is within the dictates of the constitution to be assured of legal proceedings being fair. This is to ensure that no one is denied his life, property or even liberty. Fair proceeding does taken into account notifying defendants that there is a matter that has been brought against them. The process of delivering this notification is referred to as serving court documents. Find out more info here to understand how your rights can be protected. Learn more about the process as you read on.
Serving cort documents is purposed to make sure that you are aware of a legal action being instituted against you. This is also referred to as the service of process. Such papers need to be served in line with the law. If not, the judge will be at liberty to dismiss the case. It is imperative to mention that there are different ways of one being notified. Personal service of process is one such approach used. This is where court documents are received in person. You will also get to learn of the substitute service process. This involves leaving the document with another individual. Such could happen if the intended party refuses to receive or is unavailable. There is also service by posting at the location. It is often used in the instances of eviction. You will note that they will be posted on the property where the eviction will be done. You will also find that there is service by publication that can be done on newspaper. Service by display in the court can also be taken into account. The clerk will be tasked with placing the papers in a visible in the courthouse.
It is necessary for you to understand what the process server does. this server will be tasked with filing court documents as well as serving documents to the opposing clients. As soon as they deliver the legal documents, they will be expected to file an affidavit of service. They will also be responsible for serving warrants as well as restraining orders. It is imperative to mention that police officers are not the ones to serve these papers anymore.
It is imperative to indicate that there are different types of papers that these servers can serve. It is certain that each state has its own laws on the kind of documentation to be served. Such will often include civil actions and orders to appear in court.