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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 07:44, 29 July 2019
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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] | ||
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An average person who is a party might think the term ''personally serve'' implies that they have to personally do the serving of documents to another person. In fact, Rule 6-3(2) of the Supreme Court Family Rules explicitly states that only someone who is not a party can personally serve a document. The person being handed the documents is ''personally served'' (as in, they're getting the documents served on them in person), but the person serving the documents cannot be a party. In short, never try and personally serve documents on someone when you're a party. | |||
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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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. | ||
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. | 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. Whatever you do as a party do not try serving documents on someone ''personally'' (i.e. don't do it yourself), as that would be invalid service! | ||
==What's the difference between personal service and ordinary service?== | ==What's the difference between personal service and ordinary service?== | ||
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 someone (not a party!) is personally giving someone else 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. | ||
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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. | ||
Again, 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== | ||