Importance of Serving Court Papers
It is certain that the court can assure you of relief in the event that you feel you can be harmed legally. The constitution calls for the legal proceedings to be fair. This is to make sure that no one is denied his life, property as well as liberty. Fair proceeding does taken into account notifying defendants that there is a matter that has been brought against them. Delivery of such notification is called serving court documents. In pursuit of understanding how your rights can be protected, you can read through this article. Learn more about the process as you read on.
Serving court documents is often when a party issues to you legal papers that indicate their intention to start a legal action against you. This is also known as the service of process. Such papers need to be served in line with the law. Otherwise, it will be within the rights of the judge to dismiss the case. It is imperative to mention that there are different ways of one being notified. Personal service of process is one of the stratagems taken into account. This will often involve giving the court documents being given to the person aimed at. You will also find that there is the substitute service process. This is where the documents are left with another individual. This will only be considered if the intended party is unavailable or refuses to accept it. There is also service by posting at the location. It will often come in handy in the event of an eviction notice. It is imperative to indicate that it is usually posted on the property where the eviction will be carried out. 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 the one to display the documents in a visible place within the court.
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. An affidavit of service will then be expected to be filed once the delivery has been done. These officers also serve warrants and restraining orders. You need to understand that police officers no longer serve these papers anymore.
It is imperative to indicate that there are different types of papers that these servers can serve. It is evident that each state comes with its own laws on the documentation to be served. Such will more than often include civil actions and orders to appear in court.