Serving legal documents to the other side is one of the crucial actions in a court case you have been involved in. Service of process guarantees that all those engaged are informed and have a fair chance to react. Should the process server fail to send these documents, though, what follows? Does your case come to a halt? What choices can you make to keep your case moving forward?
Your legal case could be impacted if a process server fails to deliver legal documents to a defendant or respondent. Here are some possible outcomes if the service fails, along with citations to relevant legal resources.
1. Legal proceedings are delayed
Courts typically cannot move forward without appropriate serving of process, which could cause the case to be postponed. Before the court has jurisdiction over the defendant, they must be formally notified.
As per the Federal Rules of Civil Procedure (FRCP) Rule 4(m): Time Limit for Service, “If a defendant is not served within 90 days after the complaint is filed, the court…must dismiss the action without prejudice against that defendant or order that service be made within a specified time.”
If you need more time to finish serving someone, you can ask the court for a deadline extension. To get a court order extended, you usually need to show that there was a valid reason you couldn’t serve within the original deadline. As per the Federal Rules of Civil Procedure (FRCP) Rule 4(m), “… if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period.”
If traditional service methods fail, or if a person is deliberately evading service, you can petition the court for permission to use alternative methods:
(a) Substituted Service:Delivering documents to someone of suitable age and discretion at the defendant’s residence.
(b) Service by Publication: Publishing a notice in a newspaper when the defendant cannot be located after diligent efforts.
6. Difficulty in Obtaining a Default Judgment
Here at LawServePro, it’s our number one priority to make your job easier. Whether you need legal documents served, a foreign subpoena domesticated, or court documents retrieved, our expert team of professionals are ready to help. Call today for a free quote!
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