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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)
Revision as of 17:56, 23 July 2019
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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: | ||
*the claimant's Notice of Family Claim, | |||
*the application materials when an application is made to change a final order, and | |||
*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 their 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. | Personal service is required when starting a court proceeding. Once the other side files their 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. | ||
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Personal service, also called ''service of process'' is the formal delivery of a document to someone in a manner that can be proven in court and which complies with the Supreme Court Family Rules about service. In a nutshell, personal service means personally giving someone a document, usually by handing it to them. | Personal service, also called ''service of process'' is the formal delivery of a document to someone in a manner that can be proven in court and which complies with the Supreme Court Family Rules about service. In a nutshell, personal service means personally giving someone a document, usually by handing it to them. | ||
''Ordinary service'' means simply sending a document to someone by mail, fax or sometimes email. A document is served by ordinary service by sending the document to the address for service set out by the claimant in the Notice of Family Claim and by the respondent in the Response to Family Claim. | ''Ordinary service'' means simply sending a document to someone by mail, fax, or sometimes email. A document is served by ordinary service by sending the document to the address for service set out by the claimant in the Notice of Family Claim and by the respondent in the Response to Family Claim. | ||
==Personal service== | ==Personal service== | ||
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*ask the respondent to produce their driver's licence (or other official government photo identification) and confirm that the name on the licence matches the name in the Notice of Family Claim and that the person served looks like the photograph on the licence. | *ask the respondent to produce their driver's licence (or other official government photo identification) and confirm that the name on the licence matches the name in the Notice of Family Claim and that the person served looks like the photograph on the licence. | ||
The claimant in a family law proceeding cannot serve the respondent personally. You must get someone else to do it for you! That person can be anyone who is age 19 or older and sane. | The claimant in a family law proceeding cannot serve the respondent personally. You must get someone else to do it for you! That person can be anyone who is age 19 or older, and sane. | ||
==Substituted service== | ==Substituted service== | ||