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Difference between revisions of "How Do I Personally Serve Someone with Legal Documents?"
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How Do I Personally Serve Someone with Legal Documents? (view source)
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|link = [http://www.familylaw.lss.bc.ca/guides/mini/servingSCDocuments/index.php in Supreme Court] and <br/>[http://www.familylaw.lss.bc.ca/guides/mini/servingPCDocuments/index.php in Provincial Court] and <br/> [http://www.familylaw.lss.bc.ca/guides/mini/howToServeDocsOutsideBC.php outside BC] | |link = [http://www.familylaw.lss.bc.ca/guides/mini/servingSCDocuments/index.php in Supreme Court] and <br/>[http://www.familylaw.lss.bc.ca/guides/mini/servingPCDocuments/index.php in Provincial Court] and <br/> [http://www.familylaw.lss.bc.ca/guides/mini/howToServeDocsOutsideBC.php outside BC] | ||
}} | }} | ||
In general, the only documents that have to be ''personally served'' on someone in the course of a Supreme Court proceeding are: | In general, the only documents that have to be ''personally served'' on someone in the course of a Supreme Court proceeding are: | ||
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#the application materials when an application is being made for a finding that someone is in contempt of court. | #the application materials when an application is being made for a finding that someone is in contempt of court. | ||
Personal service is required when starting a court proceeding. Once the other side files his or her Response to Family Claim, almost all legal documents after that can simply be delivered to each side by ''ordinary service'', at their respective addresses for service. The easiest way to ensure personal service is properly done is to hire a process server, but you can arrange for someone else to do it for you. | Personal service is required when starting a court proceeding. Once the other side files his or her Response to Family Claim, almost all legal documents after that can simply be delivered to each side by ''ordinary service'', at their respective addresses for service. | ||
The easiest way to ensure personal service is properly done is to hire a process server, but you can arrange for someone else to do it for you. | |||
==What's the difference between personal service and ordinary service?== | ==What's the difference between personal service and ordinary service?== | ||
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==Personal service== | ==Personal service== | ||
The requirements for valid personal service are set out in Rule 6-3 of the Supreme Court Family Rules. The Notice of Family Claim must be physically handed to the respondent; dropping it through the mail slot won't do. Since the court <span class="noglossary">will</span> require proof that the respondent was properly served, the person who did the service should prepare an Affidavit of Personal Service in Form F15. For this reason, the person doing the service usually must: | The requirements for valid personal service are set out in Rule 6-3 of the Supreme Court Family Rules. The Notice of Family Claim must be physically handed to the respondent; dropping it through the mail slot won't do. | ||
Since the court <span class="noglossary">will</span> require proof that the respondent was properly served, the person who did the service should prepare an Affidavit of Personal Service in Form F15. For this reason, the person doing the service usually must: | |||
*be provided with a photograph of the respondent, so that he or she can confirm that the person served looked like the person in the photograph, | *be provided with a photograph of the respondent, so that he or she can confirm that the person served looked like the person in the photograph, | ||
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The court <span class="noglossary">will</span> likely impose conditions on the substitutional order, like extending the time for the respondent to reply. Once those conditions are met, service <span class="noglossary">will</span> be considered to have been effected. You <span class="noglossary">will</span> have to prepare an affidavit proving that you have met the conditions the court has set. | The court <span class="noglossary">will</span> likely impose conditions on the substitutional order, like extending the time for the respondent to reply. Once those conditions are met, service <span class="noglossary">will</span> be considered to have been effected. You <span class="noglossary">will</span> have to prepare an affidavit proving that you have met the conditions the court has set. | ||
See [[How Do I Substitutionally Serve Someone with Legal Documents | See [[How Do I Substitutionally Serve Someone with Legal Documents?]] | ||
==Contempt applications== | ==Contempt applications== | ||
