During a litigation process I may need to Court Document Process Serve Court documents, upon the Parties of an Action, the relevant rules of Court, RULE 18, SERVICE OF PROCESS are found a the following link:
When Process Serving Documents I will be generally either providing the documents to that named Party in person, sending the Court documents by Registered mail or Serving their solicitor, who as an agent represents them.
Process Serving 101
When Process Serving in person, if at all possible, I process serve in pairs, so that we can witness each other and or photograph / video the event so as to have a record of successful service and or the attempts which were made. I remember to document every thing, such as the times at which service was attempted, what I had seen at that time, etcetera, this may be useful later if it turns out that the intended Party is avoiding service attempts.
I collect as much information as possible so as to be able to identify the individual:
Name
Address home
Address at work
Car they travel in
Description of the individual/picture
Birth Date
Eye colour
Hair colour
Height
When serving an individual, I identify them by name, one might ask, “are you mike Reynolds, class of 86?” or have someone introduce you, such as being introduced by a work colleague.
I declare, the time, that they are being served legal documents that require immediate attention because they are named Defendants or as the case may be.
If they do not accept the serviced documents in their hands when they are handed the documents, then I leave the documents within reach, at their feet or on a nearby table and leave.
I immediately after Service, write down the time served, and any relevant details, such as who introduced me, the names of those involved, times that events occurred. If I am serving for someone else I will Contact the client for whom I have been retained for service and let them know when where and how service has successfully occurred. As soon as possible, I prepare the Affidavit, swear it out and provide it to my client, or swear it out for my own use if it for your own litigation purposes, one can serve your own Court documents if one are a per se litigant.
I refer to the Rules of Court, through the link above provided, if I decide to send the documents by registered mail.
One I have the contact information for the Solicitor representing the other side, Service becomes much easier. The relevant rules of Court, Rule 18.07, of the Rules of Court for Service on a Solicitor of Record are as follows:
18.07 Service on Solicitor of Record
(1) Where service of a document on the solicitor of
record for a party is authorized or required by these rules,
the document may also be served
(a) by leaving a copy with an employee in the office
of the solicitor, or
(b) by telephone transmission producing a facsimile
of the document in the office of the solicitor in accordance
with paragraph (2) but where the telephone
transmission takes place between 4 p.m. and midnight,
service shall be deemed to have been made on the following
day.
(2) A document served by telephone transmission
shall include a cover page indicating
(a) the name, address and telephone number of the
sender,
(b) the name of the solicitor to be served,
(c) the date and time of transmission,
(d) the total number of pages transmitted, including
the cover page,
(e) the telephone number from which the document is
transmitted, and
(f) the name and telephone number of a person to
contact in the event of transmission problems.
It is much simpler to leave a copy of Court document with the Receptionist for a law firm that to locate the Party every time you need to serve a document.
Here is a example of a Facsimile Cover page which I use when Serving a Solicitor of Record for a Party.
Fax Cover Page George e
Fax Cover Page George e
