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Difference between revisions of "How Do I Substitutionally Serve Someone with Legal Documents?"
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How Do I Substitutionally Serve Someone with Legal Documents? (view source)
Revision as of 06:35, 25 March 2013
, 06:35, 25 March 2013→Applying for an Order for Substituted Service
Drew Jackson (talk | contribs) (Created page with "__NOTOC__ {{JP Boyd on Family Law TOC}} {{OKSUBSTANTIVE}} The Supreme Court Family Rules require that a person being sued be notified about the court proceeding and be given...") |
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Once you have filed your Notice of Family Claim you must apply for an order that you be allowed to serve the respondent substitutionally. You will have to prepare a Notice of Application describing the order that you want the court to make and your affidavit in support of your application. | Once you have filed your Notice of Family Claim you must apply for an order that you be allowed to serve the respondent substitutionally. You will have to prepare a Notice of Application describing the order that you want the court to make and your affidavit in support of your application. | ||
Your affidavit should set out the reasons why personal service is impossible. If it's because you don't know where the respondent is, you should say so. You should also say that you have no means of contacting the respondent, for example, through family or friends. If you can't serve the respondent because he or she is avoiding service, you should describe how you've tried to serve the | Your affidavit should set out the reasons why personal service is impossible. If it's because you don't know where the respondent is, you should say so. You should also say that you have no means of contacting the respondent, for example, through family or friends. If you can't serve the respondent because he or she is avoiding service, you should describe how you've tried to serve the respondent and how often you've tried. | ||
Because the respondent hasn't been served you can make your application right away, without having the follow the usual rules which give the respondent time to reply to your application. You can file your application and have your application heard the same day. Apart from this, the remainder of your application will be just like the normal application process. | Because the respondent hasn't been served you can make your application right away, without having the follow the usual rules which give the respondent time to reply to your application. You can file your application and have your application heard the same day. Apart from this, the remainder of your application will be just like the normal application process. | ||