HOW ARE PAPERS SERVED?
Papers may be served in one of the following ways, depending on the circumstances or type of papers to be served:
Personal Service requires the papers to be hand delivered to the person.
1. The papers may be hand delivered to the attorney for that person, or the attomey's secretary, during business hours, if that attorney has already appeared" in the case.
2. Usually an attomey has "appeared" if he/she has gone into court on the case or filed papers in the case.
3. Personal Service is the required way to serve certain papers
4. Personal service is required for all papers which start a case.
5. A person is served as soon as the person is handed the papers.
Substituted Service may be used if personal service has not been successful after several attempts to serve the person.
1. For Substituted Service copies of the papers are left at the place of residence (home), or normal place of business of the person to be served.
2. The papers must be left with a person who is at least 18 years old. The person given the papers must live in the same home or be the person in charge at the place of business.
3. The person given the papers must be told what the papers are about and who they are for.
4. Do not leave the papers yourself.
5. After leaving the papers, the person serving the papers must also mail a copy of them to the party to be served, at the same address where the papers were left.
6. Do not mail the papers yourself.
7. The copies must be sent by first-class mail, with enough postage (stamps) to get the envelope delivered.
8. The party is considered served ten days after the copies are mailed.
9. The person who made the efforts to serve the party in person must write a Declaration of Due Diligence (under oath) to file with the Court.
10. The Declaration of Due Diligence must tell, in detail, what efforts he/she made to serve the party in person.
11.This Declaration must be filed along with the Proof of Service also signed by the person who served the papers.
