Table of Contents
What is service of legal process?
Service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding before the court.
How do you serve legal papers?
The person serving the document must identify the person being served and provide a copy of the document to the person served. If the person to be served refuses to take a copy of the document, the person serving it may put it down in the presence of the person to be served and tell the person what it is.
What is the process of being served?
The server mails the papers to the party being served. If the party being served is a person, the papers can be mailed to his or her home or mailing address. The server signs the Proof of Service and returns it to you to file in court. Service by mail is complete 5 days after the papers are mailed.
How do you serve legal documents in Canada?
To serve a document by means of personal service, you, or someone acting on your behalf, will hand the document to the party (for example, the defendant). The person serving the document must first be satisfied that the person being handed the document is in fact the party.
What kind of documents does a process server deliver?
A Process Server (sometimes referred to as a Mercantile Agent or Field Agent) is a person who may personally serve Court documents and any other documents on other individuals or corporations. To become a Process Server, you must obtain the appropriate license from the State in which you wish to serve Court documents.
What does it mean to be served legally?
“Service” of a document is the process of making sure that any person who is required to be given a copy of a legal document is given it in a way which complies with the relevant legal rules.
Can you serve legal documents via email?
Yes, you can serve documents online. This will allow you to serve the documents via email. Here, it is vital to also send a copy by post to the defendant’s lawyer’s address, in case their lawyer does not confirm receipt; or. you get an order for substituted service from the court.
Can you be served by email in Canada?
Most documents can be served by regular service. This means you can serve the documents by sending them to the other party or their lawyer by: E-mail. Mail.