When you’re bringing a legal action against someone, filing a motion for an open matter, or responding to a motion, you have to put careful consideration into how you serve that party with documents. Ineffective service could cause you a serious setback or result in a judgment in favor of the opposing party.
You Need to Be Aware of Important Deadlines
When you’re entering an action or motion into court, you may have a limited amount of time to serve the other party with notice in advance of the hearing date. Find out how many days after notice is served must elapse before a matter can be added onto a court’s docket.
Actual Notice is Typically Required
Attempting to serve a party with notice will typically not qualify as sufficient notice if it is never actually received. Improper service of notice that results in a party failing to receive could result in a dismissal.
A Moving Party Must Prove Notice
When you bring an action into court, you have the burden of proving that notice to the other party complied with all applicable statutory requirements in the jurisdiction in which the court presides. If you can’t prove that notice was served in accordance with a court’s guidelines, then the attempted service will be invalidated will be invalidated by a court.
Mailing Documents or Handing Documents May Not Comply With Applicable Law
Not all types of legal documents can be sent by regular mail. The intended recipient could deny receiving them. Likewise, someone can deny receiving documents that you hand-delivered personally.
A Professional Process Server Can Provide Proof of Service
If you have to serve another party with legal documents such as notice of a hearing or a legal demand, the best course of action is to use a professional third-party process server. A company engaged in serving process can provide an affidavit as to how and when service was made that a court will interpret as effective proof of service.
