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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 21:54, 25 August 2017
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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 <span class="noglossary">will</span> 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 <span class="noglossary">will</span> 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 | 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 they are 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 that 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 <span class="noglossary">will</span> be just like the normal application process that is described in [[How Do I Make an Interim Application in a Family Law Matter in the Supreme Court?]] in the ''How Do I?'' section on ''Interim Applications''. | Because the respondent hasn't been served you can make your application right away, without having the follow the usual rules that 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 <span class="noglossary">will</span> be just like the normal application process that is described in [[How Do I Make an Interim Application in a Family Law Matter in the Supreme Court?]] in the ''How Do I?'' section on ''Interim Applications''. | ||
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===Posting in the registry=== | ===Posting in the registry=== | ||
If you have no idea at all where the respondent might be, you can ask the judge to allow you to serve the respondent by posting a copy of your Notice of Family Claim in the court registry for a certain period of time, usually no less than 30 days. This is the cheapest means of alternative service, and you really have to show that you've got no idea where the respondent is, no relatives or friends to <span class="noglossary">contact</span> | If you have no idea at all where the respondent might be, you can ask the judge to allow you to serve the respondent by posting a copy of your Notice of Family Claim in the court registry for a certain period of time, usually no less than 30 days. This is the cheapest means of alternative service, and you really have to show that you've got no idea where the respondent is, no relatives or friends to <span class="noglossary">contact</span> them through, and no idea where the respondent works. | ||
If the court grants this order, the court <span class="noglossary">will</span> specify how long the Notice of Family Claim must remain posted. Your job <span class="noglossary">will</span> be to take the judge's order and a copy of your Notice of Family Claim to the court registrar. The registrar <span class="noglossary">will</span> arrange for the posting, take note when it was put up, and take note when it was taken down. | If the court grants this order, the court <span class="noglossary">will</span> specify how long the Notice of Family Claim must remain posted. Your job <span class="noglossary">will</span> be to take the judge's order and a copy of your Notice of Family Claim to the court registrar. The registrar <span class="noglossary">will</span> arrange for the posting, take note when it was put up, and take note when it was taken down. | ||
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#advises the defendant of the fact of the lawsuit, and provides important information about the style of cause, the court registry and the court file number, | #advises the defendant of the fact of the lawsuit, and provides important information about the style of cause, the court registry and the court file number, | ||
#states the terms of the order for substitutional service (posting in one issue of the weekend newspaper), | #states the terms of the order for substitutional service (posting in one issue of the weekend newspaper), | ||
#tells | #tells them how to get a copy of the plaintiff's materials, and | ||
#gives the name and <span class="noglossary">contact</span> information for the lawyer representing the plaintiff. | #gives the name and <span class="noglossary">contact</span> information for the lawyer representing the plaintiff. | ||
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==The effect of substituted service== | ==The effect of substituted service== | ||
The goal of serving someone substitutionally is to try to alert that person to the fact of the court proceeding and tell | The goal of serving someone substitutionally is to try to alert that person to the fact of the court proceeding and tell them how to get more information about the proceeding. | ||
The effect of an order for substituted service is that a person <span class="noglossary">will</span> be deemed to have been served once all the terms of the order for substituted service are met. | The effect of an order for substituted service is that a person <span class="noglossary">will</span> be deemed to have been served once all the terms of the order for substituted service are met. | ||