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Re: A Legal Question...

By: clo in ROUND | Recommend this post (0)
Fri, 27 May 11 6:03 PM | 157 view(s)
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Msg. 33111 of 45510
(This msg. is a reply to 33107 by Decomposed)

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Substituted serviceWhen an individual party to be served is unavailable for personal service, many jurisdictions allow for substituted service. Substituted service allows the process server to leave service documents with another responsible individual, called a person of suitable age and discretion, such as a cohabiting adult or a teenager. Under the Federal Rules, substituted service may only be made at the abode or dwelling of the defendant.[4] California, New York,[5] Illinois, and many other United States jurisdictions require that in addition to substituted service, the documents be mailed to the recipient.[5] Substituted service often requires a serving party show that ordinary service is impracticable, that due diligence has been made to attempt to make personal service by delivery, and that substituted service will reach the party and effect notice.[5]

In addition, in some jursidictions, substituted service may be affected through motion and public notice, followed by sending the documents by Certified Mail.[6]

http://en.wikipedia.org/wiki/Service_of_process#Substituted_service




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The above is a reply to the following message:
A Legal Question...
By: Decomposed
in ROUND
Fri, 27 May 11 5:42 PM
Msg. 33107 of 45510

I came home yesterday to find a subpoena taped to my front door. Thankfully, it's not for me. The previous tenant of the house I rent is suing my landlord.

Do any of you know if this is a valid way to serve a subpoena? I always thought that orders to appear had to be delivered face-to-face. It seems even stranger to me since the intended recipient doesn't live in the house. I'm in Virginia. My landlord lives in New Orleans!

What do you folks think?


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