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HOW TO SERVE LEGAL PAPERS IN MINNESOTA

Under current Minnesota law, a prevailing party may recover the cost of the Minnesota Process Service, whether by a sheriff or private process server, as costs and disbursements[1]. Any person who is not a party to the action and is eighteen years of age or over may serve a summons or other Minnesota Process Service of subpoenas. The court may direct service of any Minnesota Process Service by any means it deems appropriate. As a practical matter, courts will rarely have occasion to direct a specific means of Minnesota Process Service.

Unless otherwise ordered by the court, the sheriff or any other person not less than eighteen years of age and not a party to the action may make service of a summons or other process.

HOW TO SERVE LEGAL PAPERS ON AN INDIVIDUAL in Minnesota

With regards to an individual, Minnesota Process Service specifies procedures to be followed.  In the presence of a person of appropriate age and discretion, a copy may be left at the subject’s normal place of residence or delivered to the individual directly[2]. A child under the age of fourteen may be served by both their father or mother if they are in the state, and by either a resident guardian the plaintiff knows about or a defendant who has responsibility for the newborn.

Partnerships and associations are the foundation of every successful business. Delivery of the copy of the action to a member of the partnership or association’s managing agent upon a partnership or association subject to suit under a common name. Any alternative mode of Minnesota Process Service or the appointment of an agent to receive a summons has been approved by the partnership or association under the legislation.

HOW TO SERVE LEGAL PAPERS ON AN INDIVIDUAL OUT OF THE STATE

Personal Minnesota Process Service of such summons outside the state, as shown by an affidavit of the person serving it sworn before a person authorized to administer an oath, will have the same effect as the public notice. Minnesota Process Service upon an individual, other than an infant or an incompetent person, may be effected in a location outside the state by any internationally agreed means reasonably calculated to provide notice, such as those authorized by the Hague Convention on the Service Abroad of Judicial and Extra-judicial Documents; or by any other internationally agreed means that should in a cohesive fashion be sufficient to provide notice, such as those authorized by the applicable international agreement.

If the country does not object, Minnesota Process Service may also be done via delivery to the individual personally of a copy of the summons and the complaint; or through any form of mail requiring a signed receipt, to be addressed and dispatched by the court administrator to the party to be served[3].

HOW TO SERVE LEGAL PAPERS BY PUBLICATION in Minnesota

To confer jurisdiction, Minnesota Process Service through publication should be sufficient. Service by publication can be relevant when a defendant is a resident person domiciled outside the state with the aim to cheat creditors or evade service, or when the defendant stays hidden inside the state with the same goal[4]. When quasi in rem jurisdiction is obtained, the party defending the action submits personally to the court’s jurisdiction[5].

After the publication of the complaint, if the defendant does not appear within ten days, the plaintiff has five days to serve a copy of it on the defendant or the defendant’s counsel. The defendant will have ten days to respond to the allegations against them. In Minnesota, service of summons in actions involving real estate owned by a nonresident must be performed on the agent or the principal. Service by publication will not be made on the principal if the nonresident person or company has appointed an agent.

HOW TO SERVE LEGAL PAPERS ON A CORPORATION IN MINNESOTA

Minnesota Process Service on a domestic or foreign corporation is accomplished by serving a copy on an officer or managing agent, as well as anyone else designated by statute as being authorized to receive the summons, and if the agent is one of those individuals, any statutory provision regarding how Minnesota Process Service is to be carried out must be followed. Any ticket, freight, or solicitation agent in the county in which the action is filed, or any such agency of the company in the state, maybe served with a summons. If a foreign corporation does not have an agent who got Minnesota Process Service in the county, the summons may be served on any such agent in the state.

HOW TO SERVE LEGAL PAPERS ON THE STATE in Minnesota

When it comes to a state,  an attorney general or assistant attorney general will receive a copy from the state. Delivery to the chair of the county board or auditor of the defendant county may be done to [A.]  the chief executive officer or clerk of a defendant city, village or borough; [B.]  chair of the town board of the town of the defendant town;  and [C.]  to any member of the board, school district, or public corporation of the defendant public corporation[6].  It is permitted for a defendant to apply for a defense if the summons is served by publication and the defendant does not receive any actual notice of the action. Similarly, the defendant is permitted to defend at any time within one year after the judgment, on such terms as the court deems appropriate. To provide restitution after defense is successful and part of a judgment has been enforced, the court may provide instructions in accordance with Minnesota Process Service guidelines.

Any action may be served by sending a copy of the summons to the address provided in the summons. When serving someone with a notice and acknowledgment according to Form 22, the complaint should be sent to that individual via first-class mail[7] with postage paid, along with two copies of the form. A return envelope should be included for the sender to follow Minnesota Process Service requirements. To serve a response, the defendant must obtain an acknowledgment of Minnesota Process Service from the sender in accordance with this Minnesota Process Service rule within the time period specified for the defendant to do so. If the person served does not complete and return the notice and acknowledgment of receipt of summons within the period permitted by these rules, the court will compel the person served to pay the personal service costs[8].

Minnesota Process Service of the summons and other processes may be shown by affidavit, written admission or acceptance of the party served, affidavit of the printer or printer’s designee, or the certificate of the sheriff making it. In all circumstances other than those requiring public notice, the evidence of Minnesota Process Service must include the date, time, and method of Minnesota Process Service. The legitimacy of the service is unaffected if evidence of Minnesota Process Service is not provided.

The court may, at any time, change any summons or other process or evidence of Minnesota Process Service, as long as it does not seem that the rights of the person against whom the process was issued will be adversely affected by the amendment.

HOW TO SERVE A SUBPOENA in Minnesota

An unaffiliated individual, such as the sheriff or a deputy, may serve the subpoena. There are two ways to serve stipulations on a person named in the subpoena: either by handing the document over to the person or by leaving a copy at their home with an adult who has the authority and discretion to accept Minnesota Process Service. Fees for one day’s attendance as well as mileage allowances are to be paid to the person. Fees and mileage are not required when the subpoena is issued on behalf of the state of Minnesota or one of its officers or agencies.

Anyone over the age of eighteen who is not a party to the proceedings may serve a subpoena. When a subpoena is served on a person named in it, it is done by handing them a copy of the Minnesota Process Service or by leaving a copy with someone of suitable age and discretion who is currently residing at the person’s usual place of residence. If the person’s presence is required, the fee for one day’s attendance and mileage allowed by law must be paid to that person. Fees and mileage are not required when the subpoena is issued on behalf of the state of Minnesota or one of its officers or agencies. A subpoena directing the production of specified books, papers, documents, or electronically stored information, tangible things, or inspection of premises must be served on the subject of the subpoena, and notice of the required production must be served on each party to the action at least seven days before the required product is made.

All Minnesota Process Service emanating on the Sabbath is forbidden, with the exception of cases involving an actual or suspected violation of the peace, where a lawsuit is filed to arrest a suspect in a crime, or when such Minnesota Process Service is explicitly permitted by legislation. There must be no public work done on any public holiday, save in circumstances of necessity and in cases of public business conducted by the legislature.

how to issue an OUT OF STATE SUBPOENA in Minnesota

For the court administrator’s consideration under Minnesota Process Service, parties must submit a foreign subpoena to the district administrator of the court in the county where the discovery is requested to be performed[9]. Subpoenas may also be issued and signed by a lawyer who is a court-appointed official of the court in Minnesota. After the foreign subpoena is submitted, the administrator of the district court in this state must swiftly issue a subpoena for service upon the person to whom the foreign subpoena is addressed, in line with that court’s Minnesota Process Service.

The district court administrator is required to serve a subpoena[10]. Subpoenas issued are subject to all Minnesota Process Service regulations and legislation governing compliance with subpoenas to appear and provide testimony, produce specified books, papers, records, electronically stored information, or physical items, or allow examination of premises.

The application of Minnesota’s conflict-of-law principles is required for the resolution of substantive problems regarding witness privilege, competency, or the requirement of a witness to answer certain questions. Application to the court for a protective order or a district court administrator’s issuance of the subpoena must conform with state rules and legislation and must be presented to the district court in the county where discovery is to be undertaken.

WHAT SHOULD YOU DO NEXT?

Simply pick up the phone and call Toll Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all of your process service needs; no job is too small or too large!

Contact us for more information about our process serving agency. We are ready to provide service of process to all of our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington D.C

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives”– Foster, William A

Sources

[1] . See Minn.Stat. § 549.04 (Supp. 1983

[2] The person may be served in the way prescribed by law if they are confined to a state institution, by additionally serving the institution’s chief executive officer if they have agreed to any other form of service or nominated an agent to accept service of summons

[3] Advisory Committee Comments – 1996 Amendments

Rule 4.04 is amended to conform the rule to its federal counterpart, in part. The new provision adopts the provisions for service of process outside the United States contained in the federal rules. This modification is appropriate because this subject is handled well by the federal rule and because it is advantageous to have two similar rules. This is particularly valuable given the dearth of state-court authority on foreign service of process. Existing portions of the rule are renumbered for clarity.

[4] When the plaintiff obtains a lien on property or credits within the state through attachment or garnishment and the defendant is a resident individual who has departed from the state or cannot be located therein, or the defendant is a nonresident individual or a foreign corporation, partnership, or association

[5]  A submission made merely to dispute the legality of quasi in rem jurisdiction is not feasible.

[6] It’s up to the court whether service cannot be done in accordance with this Rule 4.03(e).

[7] Existing Rule 4.05 has been completely eliminated due to Rule 4.02’s inclusion. It was found that the Court does not need to bear the seeming burden of serving all documents other than summonses and subpoenas directly. See Minn. R.Civ.P. 4.02 for further information. Revisions to the advisory committee’s notes were made in 1984. Two modifications to Rule 4.04 of the Federal Rules of Civil Procedure, established in 1983, were taken into consideration by the Committee as possibilities allowing service by mail. Fed. R. Civ. P. 4 was originally updated by the Supreme Court to allow service by mail.

The Minnesota Long-Arm Statute, Minn. Stat. 543.18, has been recognized by the Minnesota Supreme Court as valid for serving documents by mail (1980). When the Minnesota Supreme Court ruled in 1982 in Stonewall Insurance Co. v. Horak, 325 N.W.2d 134 (Minn. ), that a certified mail receipt signed by the individual defendant proved receipt of the summons and complaint, it was agreed that this constituted delivery under Minnesota Rules of Civil Procedure 4.03 (a).

[8] The Committee recommends that a new form (Form 22) be adopted to notice the effect of the service by mail upon the defendants served. The form advises the defendant that by signing the acknowledgment of receipt, the defendant admits only actual receipt of the summons and complaint and that signing does not constitute an appearance or a submission to the court’s jurisdiction and does not waive any other defenses. If an acknowledgment is not signed and returned, the plaintiff may then seize the summons and complaint by any other means authorized by the rules or statute. There is no restriction on the means of service that may be used following unsuccessful service by mail.

The Minnesota rule differs from the federal rule [See, Federal Deposit Insurance Co. v. Sims, 100 F.R.D. 792 (N.D.Ala. 1984) (attempted mail service prevents service by publication under the federal rule).] The rule retains its federal counterpart’s provision shifting the cost of personal service to a defendant who declines to acknowledge receipt of the summons and complaint by mail. The Committee believes this provision is an essential part of the service system by mail and is necessary to discourage defendants from unjustifiably refusing to acknowledge receipt. Eden Foods, Inc. v. Eden’s Own Products, Inc., 101 F.R.D. 96 (E.D.Mich.1984).

[9] No presence is required in accordance with Rule 5.01 but the filer is bound by Minnesota law and its regulations, such as the Minnesota Rules of Professional Conduct if they seek the issue of a subpoena under this act.

[10] The conditions of the foreign subpoena must be adopted and any party not represented by counsel must be included or accompanied by the names of all attorneys of record in the action to which the subpoena pertains.

HOW TO SERVE LEGAL PAPERS IN MONTANA

Montana’s courts have jurisdiction over everyone who lives or works within its borders, regardless of where they are located. If a claim for relief arises out of any of the following, it will be subject to the jurisdiction of the courts of this state including the conduct of any business and the commission of any act that results in the accrual of a court action within Montana.

The courts may acquire Montana Process Service jurisdiction over any individual; either directly, or through an attorney or any other authorized officer or employee.

HOW TO SERVE LEGAL PAPERS UPON AN INDIVIDUAL IN MONTANA

It is the plaintiff’s responsibility to deliver a summons to the clerk for issue as soon as possible after filing a complaint, or as soon as possible if they are represented by a counsel. The plaintiff must then serve the Montana Process Service on the defendant if the summons is properly issued and delivered by the clerk to the plaintiff. Requests for separate or extra summonses against any parties named in the original action or against any other parties brought into the action will be issued by the clerk. When a party requests that a summons be issued, they are responsible for ensuring that the Montana Process Service is issued and served appropriately.

The defendant’s summons must be addressed to them. Montana Process Service requires that the summons be signed by the clerk, bear the court seal, include the name of the court, the parties, and any attorney the plaintiff has retained, as well as an indication of the time frame in which they must appear and defend. The summons must also inform the defendant that if they fail to do so, judgment will be rendered against them as per Montana Process Service regulations.

A sheriff, deputy sheriff, constable, or any person over the age of eighteen who is not a party to the action may serve the party in any county in the state[1]. After mailing the notice and acknowledgment of receipt of the summons, the court must require the person served to pay for the expenses of personal service unless there are sufficient Montana Process Service grounds for not doing so. There must be a written and date-stamped acknowledgment of receipt from the defendant of summons and complaint. The date of the defendant’s signature on the acknowledgment is taken as the date on which Montana Process Service of summons and complaint is complete.

PERSONAL SERVICE IN THE STATE

The plaintiff must serve all documents in one Montana Process Service package. The plaintiff is required to provide as many copies as are required to the person performing Montana Process Service. The summons and complaint may be served on a non-infant or non-incompetent person in two ways: either by personally delivering Montana Process Service to the person or by serving it on an agent designated to receive Montana Process Service, in which case the agent must be given any additional notice required.

To serve the summons and complaint on a person over the age of fourteen, one can either personally deliver one to the person or leave one at the minor’s residence or usual place of abode with an adult who has the appropriate discretion or serve the summons and complaint on an agent who has been appointed or is otherwise legally authorized to receive Montana Process Service.

how to serve legal papers BY PUBLICATION in Montana

A summons by publication must be filed with the clerk of the district court in the county where the action is brought before Montana Process Service may be served. A summons returned without finding any defendant named in the complaint must be accompanied by an affidavit declaring that the defendant is not presently residing in the state[2]. When a plaintiff complies with the Montana Process Service requirements, they may request an order for the delivery of summons by publication, which can be granted by either a judge or the clerk of the court[3].

how to serve legal papers BY MAIL in Montana

A copy of the summons for publication and complaint, with any postage paid and addressed to the defendant at the defendant’s address, unless the affidavit for publication specifies that the defendant’s address is unknown, must be placed at a post office in Montana within ten days of the affidavit for publication being filed.

The affidavit filing for publication must be filed within sixty days after the initial publication of summons, or personal delivery of the summons and complaint upon the defendant out of state. This is the date by which the first outside-of-state publication or Montana Process Service is required to be made. A failure to publish the lawsuit in a timely manner will be regarded as a dismissal of the claim for all parties meant to be served as a result.

HOW TO SERVE LEGAL PAPERS ON A CORPORATION IN MONTANA

A corporation formed under the laws of this state, or a corporation formed under the laws of any other state or country that has filed its charter with the Secretary of State’s Office of Montana and is qualified to conduct business in Montana is qualified to receive Montana Process Service in the state[4].  In order for a claim for relief to be granted, a clerk of court must receive an affidavit from an individual who claims that none of the persons designated can be located in Montana and that the last known address of any such person, or that no address for any such person could be found following a search, has been found.

HOW TO SERVE LEGAL PAPERS ON THE SECRETARY OF STATE in montana

Each defendant’s fee of USD 5 should be deposited with the Secretary of State in order to be paid to the Secretary of State. Montana Process Service must be served on the Secretary of State of Montana or, in the Secretary of State’s absence, on the Deputy Secretary of State of Montana. The court clerk must make an order directing this Montana Process Service. if the affidavit states that the affiant did a thorough investigation, the affidavit is adequate proof of the affiant’s thoroughness in their investigation.

After the clerk of the court has sent all of the summons, affidavits, and Montana Process Service fees to the Secretary of State’s office, the clerk of the court will send the originals to the Secretary of State, along with one copy of the summons and one copy of the affidavit for their files. the last known address is sent by the Secretary of State by certified or registered mail with a return receipt sought. If the Secretary of State of the state in which the company was initially formed is aware, it should be reported as a non-Montana corporation.

A copy of the summons and complaint must be delivered to each member of the board of any such public body, including the mayor or head of the legislative department. It is also possible to deliver a copy of the summons and complaint to the attorney general and any other person that may be specified by Montana Process Service guidelines.

A general rule in all other cases where the Secretary of State of Montana is appointed, or deemed by law to be appointed, as the agent for Montana Process Service for any person who cannot with due diligence be found or served in Montana, the parties and their attorneys are required to make an affidavit stating the facts showing that the Secretary of State is the Montana Process Service agent, and stating the residence and last known address of such person. This service on the Secretary of State is sufficient personal Montana Process Service provided that notice of such Montana Process Service and a copy of the summons and complaint are immediately sent by registered or certified mail by the secretary of state[5].

The Montana Process Service date is the date on which the secretary of state receives the return receipt or the postal authority’s advice that the recipient rejected delivery of the registered or certified mail in question. This Montana Process Service regulation allows the Secretary of State or a deputy to get a copy of the summons and complaint served by any competent law enforcement officer instead of delivering them by registered or certified mail as allowed above. Afterward, the secretary of state or a deputy should send the original summons and affidavit to the clerk of court in which the claim for relief is pending, together with a copy of the notice to the defendant. The clerk of court will include it in the application for relief. A copy of the secretary of state’s affidavit and a copy of the notice to the defendant, if any, must be sent to the plaintiff’s counsel by the secretary of state. A copy of the summons, a copy of the affidavit served on the secretary of state by the clerk of court, and a copy of the affidavit written and issued by the secretary of state should be kept on file in the secretary of state’s office.

A summons must be issued and served within three years of a complaint being filed. Within three years of the date of complaint filing, the court may dismiss an action without prejudice if a plaintiff fails to have a summons issued or to complete Montana Process Service.

HOW TO SERVE A SUBPOENA IN MONTANA

A summons must [A.] specify which court issued it; [B.]  specify the title of the action in the court in which it is being heard; and [C.] order each person to whom the summons is addressed to appear and give testimony or to produce and permit inspection of and copying of specified books, documents, and tangible things in the person’s possession, custody or control.  A summons to appear in a trial, hearing, or deposition may be issued in conjunction with or apart from a demand to produce evidence or authorize inspection.

The court in which the case is ongoing will issue a subpoena. The clerk will issue a subpoena to the party that requests it, signed but otherwise blank, so that the party may fill it out before it is served. As an official of the court, a lawyer may also issue and sign a subpoena on behalf of the court where the matter is ongoing.

No party may serve a subpoena unless that individual is at least eighteen years of age. Delivering a copy of a subpoena to a person mentioned in the summons is the method of Montana Process Service. If the individual’s presence is required, the pay for one day’s attendance and the permitted miles should be given to the person. Prior to trial, each party must be supplied with notice of any demanded production of documents and items, or inspections of premises.

In order to avoid placing an excessive hardship or cost on the subject of a subpoena, the party or attorney responsible for its issue and delivery must take reasonable precautions. The court that issued the subpoena is responsible for enforcing this obligation and imposing an appropriate penalty, which may include, but is not limited to, lost wages and a fair attorney’s fee[6].

A person commanded to produce and permit inspection and copying, or any person affected thereby may serve upon the party or attorney designated in the subpoena written objection to inspection or copying within fourteen days after service of the subpoena or before the time specified for compliance if such time is less than fourteen days after Montana Process Service. An objector may only view and copy documents or investigate the premises under the court order that issued the subpoena, however, if an objection is raised. The party serving the subpoena may, at any time, petition for an order to compel the production of the requested information if there have been any objections raised[7].

Upon timely motion, the court that issued the subpoena may quash or modify the subpoena if it fails to allow a reasonable time for compliance of requires a person to travel outside of the hundred-mile radius set forth in order to take a deposition or produce evidence before hearing or trial or requires disclosure of privileged or other protected information and there is neither an exemption nor a waiver

Documents that must be produced in response to a subpoena must be produced in the manner in which they are normally preserved in the course of business or organized and labeled in accordance with the categories requested. Second, the assertion that subpoena-submitted information is protected by privilege or other legal protection must be expressed explicitly. Documents, communications, or other objects that have not been delivered must be described in sufficient detail to allow the requesting party to challenge the claim.

Anyone who refuses to comply with a subpoena issued by a court may be held in contempt of court if there is no reasonable explanation[8].

HOW TO SERVE AN OUT OF STATE SUBPOENA IN MONTANA

Subpoenas may be issued in Montana by submitting a foreign subpoena to the county clerk of Montana county where discovery is to be performed. Montana court clerks must swiftly issue a summons for Montana Process Service onto the individual named on the overseas subpoena when a party submits it to the clerk of court in this state.

If a clerk of the court issues an order, it must be served in accordance with Montana Process Service regulations Montana Process Service specifies which county’s court should hear requests to impose an injunction or to enforce, quash, or alter a subpoena issued by a clerk of court. An attorney or an employee of any of the parties should not be allowed to take a deposition, nor may a person who has a financial interest be allowed to take a deposition.

WHAT SHOULD YOU DO NEXT?

Simply pick up the phone and call Toll Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all of your process service needs; no job is too small or too large!

Contact us for more information about our process serving agency. We are ready to provide service of process to all of our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington D.C

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives” – Foster, William A

Sources

[1] In order to serve a summons and complaint on a defendant who is not a minor or an incompetent person, or on a foreign, domestic, or unincorporated association by mailing a copy of the summons and complaint, along with two copies of a notice and acknowledgment that substantially conforms to form 18-A, to the person to be served, postage prepaid, is also an option.

[2] Or has departed from the state, or cannot be located with reasonable diligence

[3] By publication of the summons three times, once a week for three consecutive weeks, the summons may be served, if a newspaper is published in the county where such an action is pending, and if not, in a neighboring county with a broad readership in the county where the action is pending.

[4] A corporation formed under the laws of any other state or country can also receive Montana Process Service but is governed by different Montana Process Service laws

[5] Or a deputy to the party to be served at that party’s last known address, marked “Deliver to Addressee Only” and “Return Receipt Requested,” and provided further that such return receipt shall be requested

[6] Persons ordering the production and/or examination of books, papers, documents, or physical items (including premises) are not required to present in person until summoned to do so for the purposes of deposition, hearing, or trial.

[7] Anyone who isn’t a party or an official of a party won’t have to pay for the extensive scrutiny and copying required by such a court order.

[8] This regulation provides a sufficient reason for non-compliance when a subpoena requests attendance or production from a non-party at a location beyond the parameters set out

A CLEAN SLATE: WIPING A CRIMINAL RECORD IN THE UNITED STATES

A person’s criminal history is documented on a RAP sheet, also known as a criminal record or police record. Whether or not someone has a criminal record is determined by the nation in which they live as well as the jurisdictions within that country. Non-expunged criminal offenses and traffic offenses such as speeding and drunk driving may also be included. Depending on the country, a person’s record may only include actual convictions (where the person has pleaded guilty or been found guilty by a judge or jury), or it may also include arrests, charges that have been dropped or dismissed, charges that are still pending, or charges that have been acquitted.

Potential employers, lenders, and others may look into a person’s criminal background to determine whether or not they can trust them. People who commit new criminal acts may potentially face extra charges and penalties based on their prior backgrounds.

EXPUNGING A RECORD IN THE UNITED STATES

There is no general federal expungement statute, and federal courts have no inherent authority to expunge records of a valid federal conviction.  However, some courts have held that federal courts have inherent ancillary authority to expunge criminal records where an arrest or conviction is found to be invalid or a clerical error is made.  Occasionally, courts have agreed to expunge an arrest record upon a showing of need where the government did not object.

Courts may impose probation before entering judgment and then dismiss the case without entering judgment and no conviction if the individual has not broken a probationary term if the person has no previous drug convictions. 

After an arrest or criminal proceedings, the person’s legal status will be restored to its pre-arrest or criminal procedures status. Anyone who fails to mention or recognize arrests or criminal procedures, or their outcomes, in answer to an inquiry for whatever reason, will not be considered to be guilty of lying under any provision of law.

WHAT IS DEFERRED PROSECUTION

When a deferred prosecution agreement is accepted by the court and a defendant is eligible for a Speedy Trial Act exemption, the Justice Department has the right to do so. As with non-prosecution agreements (NPAs), DPAs provide prosecutors with a middle ground option when they believe a criminal conviction may be difficult to obtain or may have undesirable collateral consequences for a defendant or third parties, but they also believe that the defendant should not avoid accountability altogether. 

There is a limited function for the court, though. It was held that a district court overstepped its bounds by refusing to approve the terms of a DPA in United States v. Fokker Serv. B.V. because the Speedy Trial Act’s requirement for court approval did not give judges the authority ‘to second-guess the Executive’s exercise of discretion over the initiation and dismissal of criminal charges. If the integrity of justice is endangered by providing court sanction to either overly-lenient prosecutorial activity or overly-zealous prosecutorial behavior, a court must consider the public and the defendant in its supervisory position,’ said the district court.

As evidence, the District Court cited an Eastern District of New York opinion from 2013 in which Judge John Gleeson questioned, but ultimately approved, the DPA between DOJ and HSBC (resolving sanctions-related and anti-money laundering violations by that bank) and the application by those parties under the Fast Track Act for abeyance. Decisions on whether or not to file charges, and on whether or not to drop charges, are two separate matters that must be handled by the court, according to a district court.

To support its conclusion that the executive branch has the sole authority to decide whether or not to prosecute based on a variety of factors, the court of appeals cited Supreme Court precedent that the judiciary was unable to conduct such an investigation because of its ‘lack of competence’ to do so. When it comes to deferring prosecutions and enforcing enforcement objectives, courts are ill-equipped to deal with issues like those raised by a DPA. The D.C. Circuit agreed that executive branch considerations like these are ‘ill-suited to meaningful judicial supervision.‘ 

HOW ARE CRIMINAL RECORDS IN THE UNITED STATES MAINTAINED

Criminal records in the United States are maintained and updated by numerous law enforcement agencies on all levels of government. A criminal record’s principal function is to provide an individual’s complete criminal history.

All tiers of government law enforcement authorities keep track of criminal history. Individual law enforcement agencies may have their own internal databases that are accessible only to those who are authorized to access them. Other law enforcement agencies, such as the state police, troopers, highway patrol, and prisons, also have their own databases. The information that law enforcement authorities collect and disseminate is made accessible to the public, who may then use it to further their own investigations.

Official ‘statewide repositories’ of criminal history data exist in every state, including information provided by local courts, police departments, and other law enforcement organizations. All states have procedures in place for the correction of inaccurate criminal history records that are reported and recorded. It is common for individuals to receive their own records from the state, although private individuals often require the permission of the subject of the record search in order to access their data.

The federal government keeps vast records of criminal activity and serves as a clearinghouse for all agencies to deposit their own data. It is a database kept by the FBI that contains information on criminal history. NGI (FBI). It acts as a gateway to the state that retains administrative control of that arrest information inside the National Geographic Information System (NGI System) via the Interstate Identification Index (III) System. Control of the federal agencies is maintained by the FBI. It is the responsibility of the competent agency to provide a criminal history record when requested.

There are a variety of uses for criminal records, including background checks for employment and security clearances; immigration/international travel and licensing; assistance in developing suspects in ongoing criminal investigations; and enhanced sentencing in cases of a felony conviction.

Acquittals and dismissals of charges are often followed by seven years or more of public access to court documents. The prejudiced character of the public records, especially violent ones, might adversely influence applications and candidates even if they have no real criminal past.

HOW DIFFERENT STATES EXPUNGE CRIMINAL RECORDS

RECENT CLEAN SLATE LAW IN PENNSYLVANIA

For those in society who have been negatively affected by the legal system, granting clemency is an important procedure in Pennsylvania. The Board of Pardons website makes it easy for the general public to apply to expunge the record in the Commonwealth. This administration has made Pennsylvania a national model for clemency reform. Free legal counsel is provided to low-income individuals whose criminal histories are preventing them from getting a job or housing, as well as assistance in obtaining expungements in criminal court and in obtaining pardons from the Governor.

Clean Slate closes the ‘second chance gap’ by automatically sealing records that are qualified. The Clean Slate Law allows those who have served at least a year in jail and have paid all of their court-ordered obligations to petition the courts for their records to be sealed.

All offenses punishable by two years or less in jail, as well as summary convictions, and charges that did not result in convictions, are eligible for Clean Slate.  The Clean Slate system was implemented in Pennsylvania in 2019. In order to avoid minor infractions from jeopardizing job, housing, and other prospects, Community Legal Services of Philadelphia assists clients to manage the Clean Slate procedure.

To make it even simpler for some Pennsylvania residents to have their criminal records automatically sealed from the public, including landlords and most employers, a bipartisan law was enacted by the General Assembly. The courts and state police in Pennsylvania started sealing millions of criminal charges in July, including convictions for most nonviolent offenses, such as drunk driving, stealing, and prostitution, under the state’s Clean Slate statute.

Those with minor offenses must wait a decade before they may have their records automatically sealed. Any outstanding court penalties and costs are likewise a no-no for them. The financial duty would be erased, save for reparations, under the revised law that was enacted in early 2022.

OTHER STATES

The court records of set-aside convictions in California will be sealed from August 1, 2022. Pardoned convictions are eligible for record-clearing in Connecticut and Nebraska. A new automatic record-relief statute will take effect in Connecticut in 2023 for some crimes and most misdemeanors. Certain crimes and misdemeanors in Idaho and Nebraska are handled by separate authorities (these are the only two states remaining with traditional set-aside authority and no general record-sealing authority). Cases that have been ‘judicially dismissed,’ that is, erased, are now included in Labor Code 432.7. Expunged cases are no longer a basis for discrimination in employment, hiring, promotion, or termination for those who have been granted a California expungement under California Penal Code section 1203.4. 

Additionally, employers are prohibited from requesting information about an expunged conviction and are subject to financial penalties if they do so. There are a few exceptions to this regulation, but they are mostly geared against those who want to work in law enforcement or other sectors where it is illegal to hire someone who has been convicted of a specific crime.

There is just one felony crime that qualifies for relief in D.C., which is criminal failure to appear. For expunging, sealing, or setting aside convictions in several of these jurisdictions, specific agencies exist. HB 2113 (2021) is one example. Criminal records are automatically expunged; fines apply. Automatic erasure of criminal records for specific convictions, deferred dispositions, acquittals, and crimes that have been nolle processed or otherwise dismissed is described in the law. This procedure will be implemented insofar as mistaken identification or illegal use of identifying information may also lead to the automatic erasure of criminal records under this statute. The bill’s delayed effective dates have been staggered to allow for the development of mechanisms to execute the bill’s requirements. The Virginia State Crime Commission had recommended this legislation when it was first proposed.

In addition, non-conviction records maintained by state criminal justice agencies may be automatically sealed, expunged, or kept secret in four states, but not the equivalent court records.  There is broad automatic record cleaning legislation in California, Connecticut, New Jersey, and Virginia, as well as marijuana-specific regulations. In both California and New Jersey, a wide variety of marijuana-related infractions, including misdemeanors and felonies, are legal. Certain minor marijuana crimes in Connecticut are covered under the state’s law. Even though none of the automatic relief authorities in Virginia are slated to take effect until 2025, the state has permitted automatic relief for some marijuana-related minor crimes and certain non-convictions. 

Non-convictions and some traffic infractions are also eligible for automatic remission under Vermont law. Non-convictions are automatically sealed in New York. It is not possible to have a criminal record expunged in New York. This means that the record is fully obliterated and the offense and conviction are wiped from the record. New York, on the other hand, permits the sealing of some criminal records under certain circumstances. For a long time, sealing a person’s criminal record in New York was only possible in the most restricted of situations, such as diversion courts and drug treatment dispositions.

Because of this, criminal convictions may now be erased in New York. The new legislation, which went into effect on October 7, 2017, grants universal sealing power for a wide range of adult criminal convictions provided certain qualifications are satisfied and different elements are determined to be favorable to the person seeking the sealing. It is generally permitted to seal a maximum of two criminal convictions, with the exception of felonies. However, even though one may only seal two qualifying criminal convictions, if someone were convicted of many felonies for the same illegal conduct, they may be classified as a single conviction for the purpose of sealing

WHAT SHOULD YOU DO NEXT?

Simply pick up the phone and call Toll Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all of your process service needs; no job is too small or too large!

Contact us for more information about our process serving agency. We are ready to provide service of process to all of our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington D.C

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives” – Foster, William A

Sources

1. United States v. Jane Doe, 833 F.3d 192 (2d Cir. 2016), vacating 110 F. Supp. 3d 448 (E.D.N.Y. 2015); United States v. Crowell, 374 F.3d 790, 792-93 (9th 2004), cert. denied, 543 U.S. 1070 (2005

2. United States v. Sumner, 226 F.3d 1005, 1014 (9th Cir. 2000); see cases collected in Jane Doe v. the United States, 110 F. Supp. 3d 448, 454, n. 16 (E.D.N.Y 2015); Hall v. Alabama, 2010 U.S. Dist. LEXIS 14082, at *22-30 (M.D. Ala. 2010)

3. Except for the nonpublic documents described in paragraph (b), all references to his arrest for the crime, the establishment of criminal proceedings against him, and their outcomes must be deleted from all official records.’

The Act establishes time limits for completing the various stages of federal criminal prosecution. The information or indictment must be filed within 30 days from the date of arrest or service of the summons. Trial must commence within 70 days from the date the information or indictment was filed, or from the date the defendant appears before an officer of the court in which the charge is pending, whichever is later. 

Moreover, in order to ensure that defendants are not rushed to trial without an adequate opportunity to prepare, Congress amended the Act in 1979 to provide a minimum time period during which trial may not commence  Thus, the Act provides that trial may not begin less than 30 days from the date the defendant first appears in court unless the defendant agrees in writing to an earlier date. In United States v. Rojas-Contreras, 474 U.S. 231 (1985), the Supreme Court held that this 30-day trial preparation period is not restarted upon the filing of a substantially similar superseding indictment.

4. 18 U.S.C. § 3607(c). 

Congress has directed that DNA analysis be expunged from certain indices when a conviction has been overturned.  10 U.S.C. § 1565(e) (under military law); 42 U.S.C. § 14132(d) (FBI expungement); 18 U.S.C. § 921(a)(20), (33)(B)(ii) (defining certain crimes to exclude convictions that have been expunged or for which the person has been pardoned or had his civil rights restored).

5. The Speedy Trial Act of 1974 (88 Stat. 2080, as amended August 2, 1979, 93 Stat. 328, 18 U.S.C. §§ 3161–3174), establishes time limits for completing the various stages of federal criminal prosecution.

6. An accepted statement of the facts, ‘conditions intended [to] encourage compliance with relevant law and avoid recidivism’ are common in both DPAs and NPAs, which may last from one to three years in duration. Section 9–28.1000 of the U.S. Attorney’s Manual (2015).

7. .’ In re 818 F. 3d 733 (D.C. Cir., 2016)

8. The district court overstepped its authority under the Speedy Trial Act by rejecting the DPA ‘based primarily on concerns about the prosecution’s charging choices,’ and stated that the court’s review power under the Speedy Trial Act was limited to evaluating whether or not the parties entered into a DPA in order to evade speedy trial limits and whether or not the DPA served to allow the defendant to avoid a jury trial. Court approval is required under Speedy Trial Act to exclude time from proceedings. The D.C. Circuit stated that this approval should be read ‘against… settled constitutional understandings where authority over criminal charging decisions resides fundamentally with the Executive,’ with no involvement from, or oversight power in, courts. In 818 F. 3d, at 741–42.

9. No. 12-CR-763, 2013WL 3306161, is the case of the United States against HSBC Bank USA, Inc. (E.D.N.Y. July 1, 2013).

10. A F 3d of 818 at 742. It said that ‘[it] found no reason to acknowledge a considerably larger jurisdiction for courts to evaluate prosecutorial charging decisions in the context of a DPA than in the case of [a move to dismiss charges under Rule 48].’

11. For example, crimes that pose a risk to people, crimes against families, and offenses with firearms are all ineligible.

12. The statewide Pardon Project was formed by PLSE to assist other areas in educating their citizens about the pardons process by encouraging leaders to establish local, community-based centers.

13. PART 2. OF CRIMINAL PROCEDURE [681 – 1620]  ( Part 2 enacted 1872. )  

TITLE 8. OF JUDGMENT AND EXECUTION [1191 – 1233.11]  ( Title 8 enacted 1872. )  

CHAPTER 1. The Judgment [1191 – 1210.5]  ( Chapter 1 enacted 1872. ) 

1203.4.  

(a) (1) In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation, if they are not then serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense, be permitted by the court to withdraw their plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if they have been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, the defendant shall thereafter be released from all penalties and disabilities resulting from the offense of which they have been convicted, except as provided in Section 13555 of the Vehicle Code…

14. HB 2113 Criminal records; establishes a process for automatic expungement, etc., report

15. Georgia, Florida, Maine, Massachusetts 

HOW TO SERVE LEGAL PAPERS IN MICHIGAN

Anyone who is not a party or official of a corporate party may serve process in civil cases in Michigan. In any action in which the state or municipality is involved, a sheriff or deputy sheriff, bailiff, or court officer designated by the court may only serve writs of restitution and other processes requiring the seizure or attachment of property, or an officer of the Department of State Police may serve such a writ in any action in which the municipality is involved. 

Anyone authorized to serve a writ of garnishment may do so according to Michigan Process Service.

HOW TO SERVE LEGAL PAPERS ON AN INDIVIDUAL in Michigan

There are a number of requirements for Michigan Process Service. This would require a certificate stating the facts, such as the manner, time, date, and location of service if served within the state of Michigan by a sheriff, deputy sheriff, or other person authorized by these rules to receive service of process.  It is also necessary to have an acknowledgment of receipt of summons and complaint signed by the person to whom the service was directed or by another person authorized by these rules to receive service of process as proof of service. If the service was not provided at a specific address, another description of the site must be provided to identify the service location.

The legitimacy of the service is unaffected if proof of service is not filed. It is possible to serve a summons and complaint on a resident or nonresident by hand-delivering them to the defendant or by mailing them registered or certified mail with a return receipt sought and limited delivery to the addressee. Received mail provides proof of delivery, and therefore, service has been completed. Proof of service must include a copy of the defendant’s signature on the return receipt.

HOW TO SERVE LEGAL PAPERS ON AN INDIVIDUAL IF IT IS NOT PERSONAL SERVICE

If Michigan Process Service cannot reasonably be done, the court may by order authorize service of process to be given in any other way reasonably intended to provide the defendant real notice of the proceedings and a chance to be heard.

Second, a motion for an order under the regulation must be submitted no more than fourteen days prior to the date of the motion. The address of the defendant or the last known address of the defendant or the fact that no address of the defendant is known must be included in the application in order to prove that process cannot be served under Michigan Process Service requirements. In cases when the defendant’s identity or current whereabouts is unclear, the moving party must provide evidence of their efforts to find it out. If the court orders a hearing on the motion, it is not needed.

No Michigan Process Service may be served until the court has issued an order allowing it. Improper Michigan Process Service might have serious ramifications. Due process requires that a defendant be given notice of action by any and all methods feasible at the time[1].

A Michigan court may issue any kind of Michigan Process Service in any part of the state. To be dismissed for insufficient notice, an action must be dismissed for failure to deliver timely notice to a defendant as required by these Michigan Process Service standards.

HOW TO SERVE LEGAL PAPERS BY MAIL in Michigan

When using certified mail, the receipt must be postmarked by the postal service[2]. A postmarked mailing receipt is not necessary if the word ‘

certified mail’ is used in the regulation. When a requirement demands certified mail, registered mail may be utilized.

HOW TO SERVE LEGAL PAPERS ON THE STATE in Michigan

It is necessary that the institution’s head or a representative be served on behalf of the institution’s head if personal Michigan Process Service is to be performed on an individual in a government facility, hospital, or nursing home. Only a sheriff, deputy sheriff, or police officer or a court official designated by the court may serve process in civil cases involving a person’s arrest.

It is the asking party’s responsibility to arrange and file evidence of service if the method of Michigan Process Service utilized necessitates mailing a copy of the summons and complaint. Summons and copies of complaints may be served on public, municipal, quasi-municipal and governmental corporations as well as unincorporated boards and public bodies by means of [A.] board of commissioners chairman, or county clerk; [B.] city clerk, mayor, or city attorney of a municipality; [C.] the village president, clerk, or trustee; [D.] the township clerk or superintendent of a township; [E.] a school district’s president, secretary, or treasurer; [F.] the Michigan State Board of Education’s president or secretary;  or [G.] unincorporated board that oversees a state institution, its president or secretary, or another member of the board.

It is permitted for any public entity established or governed by Michigan’s constitution or statutes to use this mode of service when no other way is specifically mandated by law. The Michigan Process Service may be made on any officer who performs the same or similar tasks, regardless of title. There are two ways to get a summons and complaint in front of an officer who can be served: either handing them over to the person in charge of the office or mailing them to the officer’s office through registered mail.

Substitute service[3] may be done on a non-resident individual[4], by serving a summons and a copy of the complaint in Michigan on an agent, employee, representative, sales representative, or an individual who remains in the abode of the defendant[5].

An appointed or legally authorized agent will be responsible to provide the summons and a copy of the complaint to a defendant by serving them on an agent authorized to accept Michigan Process Service by written appointment or by law. Under legislation or court rule, a nongovernmental defendant may be served via serving of Michigan Process Service on a public official if registered mail is sent to the public officer’s office.

HOW TO SERVE LEGAL PAPERS ON THE CONGRESS

To avoid serving of Michigan Process Service [6] on anybody who attends, or returns from any court proceedings in any action in which their attendance is required, all people who travel to, attend, or return from the court hearings are protected.

In civil actions stemming from the same facts as criminal proceedings, anyone brought into this state by or after waiver of extradition on the basis of criminal charges is protected from service of personal Michigan Process Service until they have been convicted in the criminal proceeding, or, if acquitted, until they have a reasonable opportunity to return to the state from which they came.

As long as there is a planned meeting of the house in which the legislator serves, they are not entitled to immunity from the civil procedure. As long as it is sent by certified mail, return receipt is requested, no member of Congress WILL be exempt from the civil Michigan Process Service on the day that their house is set to convene.

HOW TO SERVE PAPERS ON AREAS NEAR THE GREAT LAKES

Any of the Great Lakes or other boundary waterways inside the state may be served with civil process by law[7]. An expansion of a county’s boundary lines in the state may involve serving civil process on any of the Great Lakes or border waters adjacent to the county to which it is to be served. Unrestricted access to Great Lakes waters within ten miles of the shores of each county is permitted in all jurisdictions where boundary lines cannot be extended.

HOW TO SERVE PAPERS ON A CORPORATION in michigan

Serving a summons and a copy of the complaint on any general partner, as well as sending a summons and a copy of the complaint by registered mail, addressed to a general partner at their usual residence or last known address, is the most common method of Michigan Process Service on a partnership or limited partnership.

A summons and a copy of the complaint can be served on an officer or the resident agent of a domestic or foreign corporation, as can a summons and a copy of the complaint be served on a director, trustee, or person in charge of a company office or business establishment and a summons and a copy of the complaint be sent by registered mail to the principal office of the corporation. Additionally, a summons and a copy of the complaint can be served on a director, trustee, or person in charge of the corporation.

If the corporation fails to appoint and maintain a resident agent or to file a certificate of that appointment as required by law or if the corporation fails to keep up its organization by the appointment of officers the summons can be served upon the Secretary of State. This is also relevant if the corporation’s term of existence has expired wherein a summons and a copy of the complaint must be sent to an appropriate corporation officer and the Michigan Corporation and Securities Bureau.

Associations that are not formally formed, such as partnerships or non-profits, will require that a summons and complaint copy may be served on a partnership association or an unincorporated voluntary association. Thereinafter, a summons and complaint copy may be sent by registered mail addressed to an association’s office in order to serve Michigan Process Service on a partnership association or a voluntary unincorporated association. It is possible to send a summons and complaint to another member of the association rather than the individual on whom the summons and complaint were served if an office cannot be established.

Service on an insurer may be accomplished by delivering or mailing two summonses and one copy of the complaint to the office of the Commissioner of Insurance, as authorized by legislation.

HOW TO SERVE A SUBPOENA in michigan

A subpoena may be served anywhere in the state of Michigan. At the time of serving of the subpoena, the charge for attendance and travel must be paid to the individual named in the summons. There must be a tender in cash, by money order, by cashier’s cheque, or by check drawn on the account of an attorney or the attorney’s authorized agent in order for the case to proceed.

Another method of serving a subpoena is to send the summons to the witness and a postage-paid card to the party seeking service. After the witness has been in court, the acknowledgment card must specify that the payments for attendance and travel are to be paid to the witness[8].

There is no need to pay any costs in serving a subpoena addressed at a particular party or its officers, directors, or managing agents[9]. No person qualified to vote in an election may be served with legal process on the day of the election. Even so, a judge in any circuit may issue a restraining order or permit the issuing and service or execution of a writ on any election day if sufficient reason is proven by affidavit to their satisfaction.

No Michigan Process Service may be served or performed on Sunday in the civil justice system. It’s still possible to get an order on Sunday, as long as there is enough evidence to convince any circuit court that it is warranted by adequate evidence presented in an affidavit.

OUT OF STATE SUBPOENA

Requests for discovery subpoenas from outside the state of Michigan may be made under Michigan[10]. Requests for subpoenas must be lodged in the circuit court in the county where the discovery is to be performed. A person may be located in the county where they live, work, do business, or are found.

Every time someone gives the clerk of the Michigan circuit court an interstate subpoena, the clerk is required to issue a summons and serve it on the individual named in the foreign subpoena. Subpoenas should be requested and issued in accordance with the rules of the court.

The conditions of the out-of-state subpoena must be included in the Michigan subpoena, and the names, addresses, and telephone numbers of all counsel of record and any party not represented by counsel must be included[11].

WHAT SHOULD YOU DO NEXT?

Simply pick up the phone and call Toll Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all of your process service needs; no job is too small or too large!

Contact us for more information about our process serving agency. We are ready to provide service of process to all of our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington D.C

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives” – Foster, William A

Sources

[1] These rules include provisions for serving of process. Michigan courts’ jurisdiction over a defendant is neither limited nor expanded by these provisions. Under the United States Constitution and the rules of the state of Michigan, a court’s jurisdiction over a defendant is limited. According to MSA 27A.701 and MCL 600.701 et al.

[2] Registered mail and certified mail, return receipt requested are interchangeable terms in the context of regulation if they are used in the same sentence.

[3] . As a matter of public policy, courts want to avoid the overuse of substitute services and default judgment it can cause. Sechler v. Van Hoey, 83 Mich.App. 252, 268 N.W.2d 364 (1978).

[4] A truly diligent search for an absentee defendant is necessary to supply a fair foundation for and legitimacy to the ordering of substituted service. Kreuger v. Williams, 300 N.W.2d 910 (Mich. 1981); appeal dismissed 101 S.Ct. 3102, 452 U.S. 956.

[5] Process Service can also be done on a minor, by serving a summons and a copy of the complaint on a person having care and custody of the minor in accordance with Michigan law.

[6] 600.1835 Civil procedure; privileged individuals. In [M.S.A. 27a], a .1835]

[7] 600.1841 Service on the Great Lakes or the boundary waters of the Great Lakes In [M.S.A. 27a], a .1841]

[8] The state of Michigan compiled its legislation for exemptions from civil process under 600.1831 in [M.S.A. 27A], A .1831]

[9] In accordance with MCR 2.107.

[10] Subpoena requests do not initiate new cases, hence no case-type code and no filing fee should be collected.

[11] Under 2012 PA 362, every move to enforce, dismiss or alter a subpoena must be submitted in conformity with the Michigan Court Rules. The party making the motion is required under MCL 600.2529 and MCR 2.119 to pay a motion fee (G).

On April 1, 2013, 2012 PA 362 becomes applicable to all outstanding cases.

 

HOW TO SERVE LEGAL PAPERS IN ISRAEL

To exercise jurisdiction over another party (such as a defendant), court, or administrative body, service of process is used to provide adequate notice of an initial legal action to such parties, bodies, or tribunals (such as a defendant). By delivering a collection of court papers (referred to as ‘process’) to the person to be served, process service is conducted by a process server.

In accordance with the Hague Service Convention, a multilateral pact signed on November 15th, 1965 at the Hague Conference on Private International Law in the Netherlands, Israel’s process servers service civil and commercial cases. The country is a signatory to the convention so that plaintiffs could serve overseas defendants with court papers that could be seen as trustworthy. However, the convention’s requirements only apply to the delivery of civil and commercial processes, not to criminal proceedings. If the person to be served does not have a known address, the Convention does not apply.

HOW ARE LEGAL PAPERS SERVED IN ISRAEL

Signatory to the Hague Service Convention, Israel is governed by service of process between member countries. Alternatively, service may be provided through official service via the Central Authority, which organizes for service in accordance with the country’s regulations. This treaty does not require the translation of any documents that are to be served. The clerk of the court is the sole judicial body in Israel that may seek service of papers. Both the Hague Conference on Private International Law and Israel’s domestic process service laws are in agreement as to the harmonious interpretation of the United States legal process insofar as attorneys in the United States are qualified to carry out the Hague Service Request application in accordance with Rule 4 of the Federal Rules of Civil Procedure and comparable state laws in the United States. If an application does not contain the seal of the court, as well as a clerk’s signature and title, it may be rejected by Israel’s courts.

The clerks of the Magistrate’s courts deliver service either by registered mail with a certificate of receipt of service or by hand. A family member who lives at the same home and seems to be at least eighteen years old may receive the papers if the person to be served is not at the address indicated. It is also possible for a clerk of court to put a document on the intended recipient’s door after three attempts to serve it at an address where no one has responded, and this is considered legal service.

how to serve legal papers UNDER ARTICLE 5 service in Israel

Service is effected either by registered post with a certificate of receipt of service or personally delivered by the clerks of the various Magistrate’s courts. If the person to be served is not at the address given, the documents can be accepted by a member of the family who lives at the same address and appears to be at least eighteen years old. In addition, if the documents are served by the clerk of the court, on their third visit to an address where no answer has been obtained, the clerk can post the document on the door of the intended recipient – and in this case, this is regarded as legal service of the documents.

DOMESTIC PROCESS SERVICE IN ISRAEL

If a defendant is not present in Israel or is not an Israeli resident, the Israeli court is not permitted to hear their case. It is the ‘territorial rule,’ which states that judicial papers may be served on any individual who is present in Israel’s territory, even if only for a brief period of time, and to that person exclusively (whether or not they are an Israeli citizen). Additional ‘international jurisdiction provisions’ included in Israeli law under the Civil Procedure Regulations, 5744-1984 allow particular conditions and scenarios in which the court may hear a person’s case even if they are not physically present in Israel’s jurisdiction. Meaning that a fundamental rule that is based on the subject at hand, as opposed to just where the defendant lives, gives Israeli courts exclusive jurisdiction over issues that have occurred in Israel (as defined by the Regulations) for the purposes of the basic territorial rule.

CIVIL PROCESS AND CONSTRUCTIVE PRESENCE IN ISRAEL

The Civil Law Procedure Regulations allow court papers to be served on a defendant’s representative in Israel, even if the defendant is not present in Israel at the time of service. It is under these situations that the overseas defendant’s representation will be treated as if the defendant were physically present in Israel, a concept known as ‘constructive presence.’. Foreign citizens may choose in advance and in writing that their Israeli lawyer is not entitled to receive court papers on their behalf, according to case law.

Court papers may be served on a foreign defendant’s representative who runs or is authorized to handle the foreign defendant’s business in Israel if the case is on a matter of business or work.

The pertinent issue is when a party who has a commercial connection with a foreign resident would be designated a representative who manages their business or is allowed to manage their company on behalf of that person’s business.

An indicator of this is that the Israeli agent has portrayed themselves to other parties as representing the foreign defendant or has an obligation to record their acts or splits profits with the foreign defendant, as shown by Israeli courts. Distributors that buy products from a foreign source and run their company in Israel independently are not like this. ‘Representatives authorized to handle a company’ were not often accepted in Israeli courts in the past. However, the stance of the Israeli court on this topic has altered and grown more flexible over time. There has been a recent shift in the court’s recognition of representatives who are authorized to administer a firm, which has allowed them to serve court papers on overseas defendants via them. The foreign defendant cannot deny the representative’s right to take court papers on their behalf, unlike service on an Israeli lawyer pursuant to the aforementioned Regulation 477.

Civil Procedure Regulation 500 contains a list of further exceptions to the territorial norm. It is possible to provide judicial papers to a foreign defendant even though they are not present in Israel, with the agreement of the court, under distinct factual scenarios. Regardless of whether the defendant is physically present in Israel, court papers may be served on a foreign defendant in Israeli real estate litigation. Contracts signed in Israel are subject to Israeli law, regardless of where the defendant is located.

A claim for the cancellation, enforcement, or violation of a contract (whether or not it was entered into on Israeli soil) may be served on a foreign defendant’s Israeli authorized agent by use of a court document. Courts frequently evaluate the connection between a foreign defendant and their Israeli representation in this context. However, compared to Regulation 482, the threshold of evidence necessary here is substantially lower. 

When serving court papers under Regulation 500, the plaintiff must demonstrate that the Israeli court is ‘forum conveniens’ to hear the matter, which makes the process a bit more complicated. As a result, the plaintiff must persuade a court that the action should be tried in Israel rather than in the nation of the defendant’s citizenship. When an Israeli company works with a foreign partner in international business, it is reasonable to assume that the Israeli court will not hear a claim for breach of contract if the Israeli company manages the majority of its operations outside of Israel (manages warehouses in Europe and has marketers throughout Europe, while only a small portion of its activities are carried out in Israel).

HOW TO SERVE LETTERS ROGATORY in Israel

Letters Rogatory is used for obtaining evidence or serving pleadings in countries that are not signers of the Hague Service Convention. They are a request from a court in the United States to a court in a foreign country requesting international judicial assistance related to service of process. This method is time-consuming, cumbersome, and should be used only when other options are not available. The use of this method may result in habitual time delays of up to one year in the execution of the request

The documents to be served must be translated into Hebrew, English, or Arabic. The timeline for execution for letters rogatory was to be done in one to four months.

The Hague Service Convention established a more simplified means for parties to effect service in other contracting states. Under the convention, each contracting state is required to designate a central authority to accept incoming requests for service. A judicial officer who is competent to serve Israel process service in the state of origin is permitted to send a request for service directly to the central authority of the state where service is to be made. Upon receiving the request, the central authority in the receiving state arranges for service in a manner permitted within the receiving state, typically through a local court. Once service is effected, the central authority sends a certificate of service to the judicial officer who made the request. No fees are charged by the Israeli authorities for the service of documents under the Convention.

how to serve legal papers by ALTERNATIVE METHODS in Israel

The Hague Convention provides various modes of process service of documents such as by postal channel or by diplomatic or consular agents, judicial officers, officials, or other competent persons. These provisions are covered under Articles 8 to 10 and may or not be allowed by member countries as a valid mode of serving the documents in their territory. The method of serving the documents through the Central Agency (Article 5) is not optional but is binding on all the member countries. The services are done by the Central Agency usually take a long time: 4 to 12 months. The convention gives relief to the litigants if they have not received a certificate of service or delivery from the Central Agency even after waiting for six months. In such cases, the Court may, if it considers that a reasonable time has elapsed, give its judgment. Also, in case of urgency, the court may issue a provisional order or protective measure even before the six-month waiting period.

how to serve legal papers BY MAIL in Israel

Service by mail is possible only in states that have not objected to that method under Article 10(a) of the convention and if the jurisdiction where the court case takes place allows it under its applicable law.

Most countries require the documents to be translated into the official language of the nation where they are to be served. Although Hebrew is the official language, it is not required that documents filed in English be translated. It is possible, although rare, that a demurer could be filed based upon a lack of understanding by the defendant as to the nature and meaning of un-translated documents.

WHAT SHOULD YOU DO NEXT?

Simply pick up the phone and call Toll Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all of your process service needs; no job is too small or too large!

Contact us for more information about our process serving agency. We are ready to provide service of process to all of our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington D.C

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives” – Foster, William A

Sources

1. Forwarding authorities (Art. 3(1)): The Director of Courts (i.e. the Central Authority)

 2. Documents intended for residents of the Palestinian Authority
Please note that documents intended for residents of the Palestinian Authority should be forwarded through the Director of Courts. This authority forwards the documents to the Palestinian Authority. In addition:

In addition:

a. The documents are to be translated into Arabic and Hebrew.

b. The request must include the full name (four names) of the recipient.

c. The request must include the Identification Number of the recipient.

d. The request must include the full address as far as possible

3. (Art. 5(1)(2)):

4. In the leading precedent which dealt with this matter, C.A. 39/89 General Electric Corp. V. Migdal Insurance Company Ltd., the Israeli court held that an authorized business representative is one who maintains ‘an ongoing business relationship’ with the foreign defendant.

5. For example, an Israeli subsidiary of a foreign company, an Israeli company that manages joint ventures with another foreign company, etc., are all examples of ‘borderline cases’ where it is difficult to determine whether the courts are dealing with a party that ‘manage the business on behalf of the foreign defendant

6. Most recently, the Israeli Ministry of Justice enacted an amendment to the existing Regulations, that enters into force certain portions of the restated Regulations immediately. One specific portion that is applied with immediate effect is the reform of Regulation 500 of the Civil Procedure Regulations, which governs the extraterritorial service of process.

General overview of Regulation 500 and the rules governing extraterritorial service of process Regulation 500 establishes that a litigant seeking to initiate proceedings against a defendant located outside the territorial jurisdiction of the State of Israel must request leave for extraterritorial service of process from the court. Upon the basis of the service of process made under such authorization, the Israeli courts can acquire jurisdiction over a foreign defendant, thus expanding the scope of their jurisdiction.

7. C.A. 694/86 Ostfeld v. Behiri, PDI 43 (3) 95

8. C.A. 2129/10 Atlas Estates Investment BV v. Stronginfo Consultants Ltd. (8.6.2010).

9. P.C.A 9810/05 Martin J. Hecke v. Pimcapco Limited (30.8.09).

10. Contact persons:

Legal adviser for the Administrator of Courts

Foreign.Countries@court.gov.il

11. Fax: +972 (74) 748 1887

E-mail: Mishpatit@court.gov.il

12. Costs relating to the execution of the request for service (Art. 12):

13. Administration of Courts
Legal Assistance to Foreign Countries
22 Kanfei Nesharin St.
Jerusalem 9546435
Israel

14. Telephone: +972 (74) 748 1836

HOW TO SERVE LEGAL PAPERS IN MASSACHUSETTS

Serving Process in Massachusetts involves delivering court documents to the person who must respond to them, the defendant. The process must provide information as to the case, what it is about, what the defendant is required to do, whether there is a court hearing, and where and when the defendant must appear in court. The sheriff, deputy sheriff, or special sheriff, any other person authorized by law or a person who has been specifically appointed to serve the plaintiff is required to give the individual a copy of the complaint and a summons for Massachusetts Process Service upon commencing the action. A supplementary or extra summons may be issued against any defendant at the request of the plaintiff[1].

If a sheriff, deputy, or special sheriff is not available, Massachusetts Process Service must be made by a person who is authorized to do so by law. If service is to be made outside of the Commonwealth, a person who is permitted to do so by law  or in the place where Massachusetts Process Service is being made[2] will be responsible

HOW TO CONDUCT PERSONAL SERVICE IN MASSACHUSETTS

It is necessary to serve both the summons and the complaint simultaneously. The plaintiff is responsible for providing the service provider with copies of any documents that may be required[3]. If the person tasked with serving the papers reports that they were unable to locate the defendant, the defendant’s last and usual abode, or any agent upon whom service may be made, the court may issue an order of notice in the manner and form prescribed by Massachusetts Process Service laws[4].

A copy of the summons and the complaint to an officer, a managing or general agent, or the person in charge of the business at the principal place of business of the foreign or domestic corporation in the Commonwealth, or a copy of the summons and the complaint to a person in charge of the business at its principal place of business is necessary to be provided. If the person authorized to serve process returns to the court with a report that they have been unable to locate a person to serve process on, the court may issue an order of notice in the manner and form required by Massachusetts Process Service on the plaintiff’s request.

HOW TO SERVE LEGAL PAPERS ON CORPORATIONS IN MASSACHUSETTS

People, organizations, and government agencies may bring civil lawsuits against each other in court, in a contrast to criminal lawsuits which can only be brought by criminal defendants.

A civil lawsuit is started in court by the plaintiff (the person who is suing) by: [A.] complaints may be filed (the document submitted to the court describing what the lawsuit is about); [B.] making a monetary contribution to the court; [C.] purchase from the court an original summons (an order through which the court requires a particular individual to reply within a certain time frame) for each person being sued.

The resident agent of a company must be served by a sheriff or other authorized process server[5]. The Secretary of the Commonwealth will act as agent for Massachusetts Process Service if the corporation’s resident agent cannot be located or if the corporation has not been registered with the Corporations Division.

The Corporations Division will send a letter to the foreign company’s last known primary office via ordinary mail. It is up to the plaintiff or his attorney to provide a correct address if the foreign company isn’t listed with the Corporations Division.

If suing a foreign person[6] or a foreign member of a partnership who is conducting business in Massachusetts, an individual must first serve the defendants’ designated agent directly. Final Massachusetts Process Service may be made via the Secretary of the Commonwealth if the person or participants in a partnership have not designated an agent to receive Massachusetts Process Service.

Corporations Division requires two (2) copies of the following from the party requesting Massachusetts Process Service. It is necessary for a summons and a complaint to also include a sheriff’s diligent search certificate as well as an official check for ten dollars (USD10.00).

If the plaintiff or the plaintiff’s counsel does not have the defendant’s most recent address on file, the Corporations Division will send Massachusetts Process Service to that address through registered mail. Affidavits of compliance will then be sent to the court with either the certified receipt or the returned letter.

No matter how long a foreign limited partnership has been operating in the Commonwealth, it is regarded to have designated the Secretary of State as its agent to receive any and all legal Massachusetts Process Service directed to them. Procedures for serving legal documents on foreign entities must be followed.

HOW TO SERVE LEGAL PAPERS  ON THE STATE in Massachusetts

The summons and complaint must be served on the treasurer or clerk of the county, city, town, or other political subdivision in question, either personally or by mailing them to the treasurer or clerk via registered mail or certified mail. Copies of the summons and complaint may also be left at the office of the treasurer or clerk in question with the person in charge of that office.

A copy of the summons and the complaint may be delivered to the chairman or other chief executive officer of a common name authority, board, committee, or similar entity, or it may be left at the office of the said entity with the person in charge; or it may be mailed to such officer by registered or certified mail.

HOW TO SERVE PAPERS ON THE ATTORNEY GENERAL in Massachusetts

When an order from a Commonwealth official or agency is being challenged, a concise statement outlining which order has been challenged must be sent to the Attorney General of Commonwealth immediately, either by hand or registered or certified mail. By delivering the summons and complaint to the Attorney General of the Commonwealth’s Boston Office, as well as to any agency’s office or the chairperson, one of the members, or the secretary/clerk of the agency. This may be done by sending certified or registered copies to the Attorney General and the agency as per Massachusetts Process Service.

Personal service outside the Commonwealth follows Massachusetts Process Service rules. A copy of the summons and complaint may be served outside the Commonwealth or in accordance with any law of the place where the service is made, for Massachusetts Process Service in that place in an action in any of its courts of general jurisdiction or by any form of mail addressed to the individual if the perp is located outside the Commonwealth.

RETURN OF SERVICE

There must be written evidence of Massachusetts Process Service within the time period for which a respondent is required to react to a Massachusetts Process Service served upon them. If someone other than a sheriff, deputy sheriff, or special sheriff performs service, they must sign an affidavit. This may be done by affidavit, or in accordance with local law, in order to prove Massachusetts Process Service outside the Commonwealth for a general jurisdiction suit in a Commonwealth court. In the case of postal service, the court may accept proof of delivery, such as a receipt signed by the recipient, or other evidence of personal delivery. The validity of the Massachusetts Process Service will not be affected if evidence of the Massachusetts Process Service is not provided.

The court has the power to change any Massachusetts Process Service or evidence of service at any time and on any conditions, it deems appropriate, unless it is obvious that significant harm will be caused to the rights of the person against whom the process is issued.

There will be no prejudice if the action is dismissed on the court’s own initiative or upon motion as to a defendant for failure to serve summons and complaint within ninety days of the complaint being filed and the party whose service was required cannot show good cause why such service was not made within that period.

HOW TO SERVE A SUBPOENA IN MASSACHUSETTS

When a subpoena is issued by the clerk of court or a notary, it must include the name of the court and the name of the action, as well as a specific day, time, and location where the person to whom it is addressed is to be summoned to appear and testify. An unfilled subpoena will be sent by the clerk, notary, or judge of the peace to the party making the request, who will then fill it out before it is served.

However, the court can [A.] quash or modify the subpoena if it is unreasonable and oppressive or [B.]  condition denial of the motion on the advancement of evidence by the person in whose behalf the subpoena was issued upon a motion made promptly and at or before the time specified in the subpoena for compliance therewith.

Anyone over the age of eighteen who is not a party to the proceedings may serve a subpoena. It is necessary to deliver, exhibit, read, or leave a copy of a subpoena at a person’s residence in order to serve that person, as well as to pay the fees for one day’s attendance and the distance permitted by law, on the individual mentioned therein. Fees and mileage are not required if the subpoena is issued on behalf of the United States, the Commonwealth, or a governmental subdivision of either, or an officer or agency of either.

Prior to serving a notice to take the deposition, no subpoena shall be issued for its taking. It is possible to order the person to whom it is addressed to produce and allow inspection and copying of designated books, papers, or tangible things that are evidence of any of the topics covered by the scope of examination permitted.  When a party is served with a deposition subpoena requiring them to produce papers or objects, they must be given at least thirty days to comply.

Within forty-five days after serving the summons and complaint, a defendant may not be required to comply with a subpoena. The judge has the discretion to set the time limit at any length it deems appropriate. Within ten days of receiving the subpoena, the person to whom it is addressed may submit a written objection to the attorney indicated in the subpoena, objecting to viewing or copying of any or all of the designated papers, if such period is less than ten days following receipt of the subpoena.

Subpoenaed documents may only be seen and copied if an order issued by the court from whence the subpoena was issued grants the party serving the subpoena access as per Massachusetts Process Service. Subpoenaed witnesses may be ordered to appear at any point before or during the deposition if an objection has been made by the party serving them and they have been given notice of this[7].

HOW TO SERVE AN OUT OF STATE SUBPOENA IN MASSACHUSETTS

letter of rogatory or an application from an interested party must be submitted to the Massachusetts court[8] in order to commence the procedure. The party may use this request to ask someone in the state of Massachusetts to [A.] provide a statement; [B.] give testimony; [C.] produce documentation and other evidence. An order from the Massachusetts court may then proceed[9].

WHAT SHOULD YOU DO NEXT?

Simply pick up the phone and call Toll Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all of your process service needs; no job is too small or too large!

Contact us for more information about our process serving agency. We are ready to provide service of process to all of our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington D.C

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives” – Foster, William A

Sources

[1] It is possible to get a summons blank from the clerk, and it must be filled out by the plaintiff or the plaintiff’s counsel in line with Rule 4. (b)

[2] The clerk’s signature or facsimile signature; court seal; Commonwealth of Massachusetts name; teste of first justice of court to which it shall be returnable who is not a party; the name of the court and the names of the parties; directed to the defendant; name and address of plaintiff’s attorney if any; otherwise, the plaintiff’s address; the plaintiff’s name and facsimile signature on the summons;

[3] By handing a summons and complaint to an individual, or by leaving a copy of the summons and the complaint at his last known address; or by handing a summons and complaint to an agent authorized by appointment or statute to receive service of process, provided that any further notice required by such statute is given in accordance with such statute

[4] upon the plaintiff’s request

[5] M.G.L. s. 15.10 allows service on a foreign firm other than an insurance business.

[6] M.G.L. Chapter 227, s. 5,

[7] As long as he is a resident of the Commonwealth, a person can’t be summoned to testify at a location more than 50 airline miles away from where he now lives, his place of work, or his place of business.

[8] Massachusetts

MGL c. 223A §10; MGL c. 223A, § 11; MGL c. 233, § 45

[9] A court of this commonwealth may order a person who is domiciled or is found within this commonwealth to give his testimony or statement or to produce documents or other things for use in a proceeding in a tribunal outside this commonwealth. The order may be made upon the application of any interested person or in response to a letter rogatory and may prescribe the practice and procedure, which may be wholly or in part the practice and procedure of the tribunal outside this commonwealth, for taking the testimony or statement or producing the documents or other things. To the extent that the order does not prescribe otherwise, the practice and procedure shall be in accordance with that of the court of this commonwealth issuing the order. The order may direct that the testimony or statement be given, or document or other thing produced, before a person appointed by the court. The person appointed shall have the power to administer any necessary oath.

 

HOW TO SERVE LEGAL PAPERS IN MAINE

The executive, legislative, and judicial departments of government are all equal under the Maine Constitution. The Secretary of State, State Treasurer, and State Attorney General are all constitutional officers of Maine, and there is also one Statutory Officer (the State Auditor).

It is the job of the judiciary to interpret the state’s laws. The Maine Supreme Judicial Court is the state’s highest court. Lower courts include the District, Superior, and Probate courts. Probate judges, who are appointed by the Governor and ratified by the Legislature, are the only judges who are not full-time. Probate judges are chosen by county residents to four-year terms as part-time officials.

If the defendant fails to appear and defend within the timeframe specified in the summons, judgment will be rendered against the defendant by default. The summons must bear the clerk’s signature or facsimile signature. The summons must also be sealed by the court and should include the court’s name and the names of the parties, be addressed to the defendant, and include the plaintiff’s attorney’s name and address.

HOW TO SERVE LEGAL PAPERS ON AN INDIVIDUAL IN MAINE

When a summons is issued, the summons is sent to the person to be served, together with two copies of a notice and acknowledgment form and a return postage-paid envelope, addressed to the sender, for the purpose of returning the summons. Within twenty days after sending the summons and complaint, if no notice of service is received from the sender, the summons and complaint will be served by a sheriff or a deputy within the sheriff’s county, or other person authorized by law, or by any person designated by the court for Maine Process Service purposes. When considerable savings in travel costs may be realized, special appointments to provide Maine Process Service can be established without charge.

To provide Maine Process Service on an individual inside the state, Maine Process Service may be done by delivering a copy of the summons and the complaint to the individual personally or by leaving copies of the summons and the complaint with some person of suitable age and discretion who is currently residing at the individual’s residence[1].

HOW TO SERVE LEGAL PAPERS ON THE STATE in maine

In a city, the clerk, treasurer, or manager receives a copy of the summons and the complaint. Maine Process Service may be done by delivering a copy of the summons and complaint to the United States Attorney for District of Maine[2] and by sending a copy of the summons and the complaint by registered or certified mail to the Attorney General of the United States.

Serving the United States and providing a copy of the summons and complaint to the officer or agency of the United States, provided that any additional notice needed by law or regulation must also be delivered, as required by the legislation.

The summons and complaint must be served on any other public company by providing a copy to each officer, director, or manager, and a copy must be delivered to each member of any public body, agency, or authority.

HOW TO SERVE PAPERS ON A CORPORATION in Maine

To serve the summons and complaint on a private U.S. corporation, an attorney for the plaintiff must send a copy to the corporation by registered or certified mail. The documents should be sent along with the complaint and a copy to any officer, director, general agent, or to any person actually employed by the corporation[3]. If no such person can be located, the summons and complaint must be served on the Secretary of State.

Upon the establishment of a corporation under the laws of another state or country, the summons and complaint may be served in one of two ways, either [A.] by delivering copies to any officer, director, or agent of the corporation within the state, or [B.] by delivering copies to any agent or attorney in fact authorized by appointment or by statute to receive or accept service on behalf of the corporation in that state.

In any action brought against a partnership, and in any action brought against any of the partnership’s partners, the summons and complaint may be served on any general partner or any managing or general agent, or on any office or place of business of the partnership within the state; or a copy of the summons and the complaint may be served on any partner outside of the state for Maine Process Service.

In any action on a claim for relief against an express trust, except one brought by a beneficiary in that capacity, the summons and complaint must be served on all trustees, whether they are located within or outside the state, by delivering one copy of Maine Process Service to each trustee or leaving copies at the trust’s office or place of business in the state, or by delivering one copy to each agent or attorney.

Upon a state of the United States, the model of service provided by that state’s legislation will be followed. To serve summons and complaints on a person subject to the jurisdiction of the courts of the state, any person who is permitted to serve civil process by law or who has been particularly appointed to serve it may do so outside the state. The time, mode, and location of Maine Process Service must be spelled forth in an affidavit submitted to the court. This kind of duty is equivalent to doing Maine Process Service in person for the government.

HOW TO SERVE LEGAL PAPERS BY MAIL in maine

Maine Process Service of summons and complaint may be issued on a person subject to the jurisdiction of the courts of the state by delivery outside the state by registered or certified mail, with limited delivery and return receipt desired[4].

Once the registered or certified mail has been delivered, the Maine Process Service will be considered complete. If the defendant refuses to accept the summons and complaint, the plaintiff must submit an affidavit stating that a copy of the summons and complaint was given to the defendant by regular mail after receiving notice of the defendant’s rejection.

HOW TO SERVE LEGAL PAPERS BY PUBLICATION in maine

On motion, the court will order service by publication if it can be shown that service cannot be made with due diligence by another prescribed method. For service by publication to be enacted adequately, there must be [A.] a brief statement of the action’s purpose; [B.] if the action may affect property or credits, [C.] an explanation as to why service by publication; and [D.] the summons prescribed. The order further specifies that it be published three times in a general circulation newspaper in the county in which the action is proceeding and that a copy of the order as published be sent to the defendant if the defendant’s address is available to comply with the Maine Process Service.

Immediately after the order is given, the initial publication of the summons must occur. On the twenty-first day following the initial publishing, Maine Process Service is completed. An affidavit from the plaintiff stating that publication has occurred must be submitted to the court.

The court may allow any Maine Process Service or evidence of service to be changed at any time and on any terms, it deems appropriate, unless it is evident that serious harm will be caused to the party’s substantial rights against whom the Maine Process Service was issued.

HOW TO SERVE A SUBPOENA IN MAINE

Subpoenas must include [A.] the name of the court from which they were issued, [B.] the title of the action, [C.] the name of the court in which it is pending, and the civil action number; and [D.] command each person to whom it is directed to attend and give testimony or to produce and permit inspection and copying of designated, or permit inspection of premises,  at the direction of the court. Even though a summons may be issued alongside a summons for a person to appear in court, the summons to provide evidence and allow inspections might be issued independently.

A subpoena may be issued to the Superior Court from any county court and to the District Court from any district court in the state. The clerk will issue a subpoena to the party that requests it, signed but otherwise blank, so that the party may fill it out before it is served. As an official of the court, a Maine attorney may issue and sign a subpoena.

It is permitted for any individual who is not a party in the case to serve the subpoena, even the attorney of a party, as long as they are at least eighteen years old. When a subpoena is served on someone, a copy of the summons must be delivered to that individual. If the person’s presence is required, the costs for one day’s attendance and the miles permitted by law should be presented to the individual.

A party or an attorney responsible for issuing and delivering a subpoena must take reasonable efforts to avoid inflicting an undue burden or expense on the subject of the subpoena. The court that issued the subpoena is responsible for enforcing this requirement and imposing a sufficient penalty, which may include, but is not limited to, lost profits, a reasonable attorney’s fee, and other reasonable expenses expended in securing the punishment.

A person ordered to produce and allow inspection and copying may serve a written objection to inspection or copying of any materials or premises designated in the subpoena on the party or attorney designated in the subpoena within fourteen days after Maine Process Service of the subpoena or before the time specified for compliance. The party serving the subpoena may only inspect and copy the documents and the premises upon the order of a justice or judge of the court to which the subpoena was issued. In the event that someone objects to the service of a subpoena, the party issuing it might nevertheless ask for an order requiring production. An order to compel production may safeguard any non-party or officer of a party from significant expenditures related to the inspection and copying demanded by such an order.

As long as a deposition, hearing, or trial necessitates a person’s presence at the place of the production or inspection, they do not have to be in person at the location of production or inspection.

REQUIREMENTS FOR AN ADEQUATE RESPONSE TO A SUBPOENA in maine

Documents that must be produced in response to a subpoena must be produced in the manner in which they are normally preserved in the course of business or organized and labeled in accordance with the Maine Process Service categories requested. Additionally, the claim of privilege or protection as trial preparation materials must be presented explicitly when information subject to a subpoena is withheld. For Maine Process Service, it is necessary to describe the nature of the papers, messages, or other objects that have not been supplied to the requesting party’s satisfaction so that the claim may be contested.

At any trial or hearing, the judge or justice in charge of the proceedings will be the first person to receive motions about subpoenas requiring the attendance or production of physical evidence or documents. Contempt of the court or county where the deposition is being taken may be imposed on anybody who refuses to comply with a subpoena issued on them without good cause.

It is the duty of a clerk of court in the state where the international subpoena was issued to swiftly issue a subpoena for Maine Process Service on the person to whom it was addressed.

All parties involved in the action to which the subpoena pertains and any party not represented by counsel must be included or accompanied by the names, addresses, and phone numbers of all attorneys of record in the case. A foreign subpoena submitted must [A.] incorporate the terms used in the foreign subpoena; and   [B.] contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.

WHAT SHOULD YOU DO NEXT?

Simply pick up the phone and call Toll Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all of your process service needs; no job is too small or too large!

Contact us for more information about our process serving agency. We are ready to provide service of process to all of our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington D.C

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives”– Foster, William A

Sources

[1] The process may also be done by delivering a copy to an agent authorized by appointment or by law to receive service of process; provided that the agent is not a minor or an incompetent person

[2] The process may also be done on an assistant United States attorney or clerical employee designated by the United States attorney in writing filed with the clerk of the United States District Court for District of Maine,

[3] If no such officer or agent can be located

[4] In cases where the person being served has an interest or lien in real or personal property within the state that needs to be extinguished, regulated, defined, limited, or otherwise affecting the title to any property; or second, in cases where the person being served is requesting a divorce or a declaration of marriage as a nullity

UNDERSTANDING MASS ARBITRATION

Plaintiffs’ firms have devised a strategy to weaponize arbitration agreements against companies in the last two years: file thousands of individual arbitrations at once, trigger massive fee obligations to initiate the claims, and leverage these obligations to force a settlement before the company can defend the merits of the claims themselves. Courts have so far been hesitant to intervene in this situation.

In the wake of the Supreme Court’s decision to uphold class action waivers, a new wave of individual lawsuits is certain to follow.

BACKGROUND

Arbitration, despite its reputation as a scourge for consumers and workers alike, may provide a number of advantages, including speed, flexibility, secrecy, and simplified procedural and evidentiary procedures. In the past ten years, parties and courts alike have focused on one aspect of arbitration: the class action waiver. It all started with the Supreme Court’s ruling in 2011 in AT&T Mobility Servs. v. Concepcion, which affirmed the legality of an arbitration contract that barred individual customers from joining in class action lawsuits.

In this ruling, however, the claims are assumed to be submitted in good faith and to have at least some validity. However, the practice of mass-producing claims is not new.  Mass arbitration is prone to misuse because of the low bar for launching a claim, the lack of control, and the mandated costs corporations must pay as soon as a claim is made, no matter how valid or fabricated it may be. As a consequence, there is a new frontier in collective conflict resolution: mass arbitration to extract compensation that is not related to any genuine damage or wrongdoing but, instead, the exposure a corporation confronts to handle these cases in the arbitral court

Customers in Concepcion were fighting about sales taxes on a free mobile phone that was offered.   AT&T filed a motion to compel arbitration against the Concepcion’s in federal court. 

Class action waiver was also found to be unconscionable by the district court in light of Discover Bank v. Superior Court, a judgment by the California Supreme Court (2005). California’s so-called ‘Discover Bank Rule‘ was pre-empted by the Federal Arbitration Act (FAA), according to the Ninth Circuit.  The United States Supreme Court overruled Discover Bank in a 5–4 decision in AT&T Mobility v. Concepcion. According to the U.S. Supreme Court, private arbitration agreements must be enforced in accordance with their provisions, and the FAA serves this goal.

The Court ruled that the Discover Bank rule was preempted because it interfered with the FAA’s goals and objectives.

THE MANDATORY ORIGINS OF MASS ARBITRATION CLAUSES

Many employees and consumers agree to arbitrate any dispute they may have with their employer or vendor. These agreements often result from ‘mandatory’ arbitration clauses which simply means that the employee or consumer had no choice but to agree if they wanted to take the job or buy the product.

In both state and federal courts throughout the nation, workers and customers brought lawsuits challenging these arbitration agreements, which typically contained waivers of class action proceedings, but they were overwhelmingly unsuccessful. Despite concerns that arbitration agreements were unjust or unconscionable, the U.S. Supreme Court finally dismissed appeals to these terms in a few well-known judgments.

The unwritten and unintended consequences snagged many organizations when it became clear that arbitration would be necessary for employment contracts or purchase agreements. A large number of individual arbitrations were brought by plaintiffs, now referred to as complainants, in which defendants (now called respondents) were obliged to pay filing fees and arbitration costs. It was common for these fees to exceed a million dollars.

Class actions and multidistrict litigation were said to have been overlooked on the defense side because of their ability to settle a large number of comparable issues in a single court procedure. In addition, the enormous quantity of submissions threatens to overload neutral service providers.

A possible solution: impartial providers could come up with strategies that would benefit both claimants and responders, while also offering a fair and efficient venue for settling a large number of comparable claims. It was first met with some skepticism and a few legal battles in opposition, but today numerous suppliers have devised schemes of their own.

CLASS ACTION CLAIM MANAGEMENT PLANS

Claims management plans have been devised by three providers, [A.] the CPR (the International Institute for Conflict Prevention and Resolution), [B.] the AAA (the American Arbitration Association), and [C.] FedArb (Federal Arbitration Board).

Concepcion-era arbitration clauses have been regularly enforced by the Supreme Court, which has ruled against class or representative lawsuits. By holding that the FAA does not provide lower courts the authority to reject a class action waiver because the expense of arbitrating each federal statutory claim separately may outweigh the possible recovery, the Supreme Court overturned the Second Circuit in 2013. It also applied Concepcion in the workplace environment, stating that the National Labor Relations Act did not overrule Congress’s directive in the FAA that arbitration agreements requiring individual processes must be enforced. 

In Henry Schein, Inc. v. Archer & White Sales, Inc. and Lamps Plus, Inc. v. Varela, the Court continued to strictly enforce arbitration agreements in accordance with their provisions. According to the first decision, ‘a court lacks no competence to determine the arbitrability problem’ when an arbitration agreement delegated arbitrability concerns to an arbitrator, the Supreme Court ruled. 

When parties agree to arbitrate individually, not in a class or collective action, the FAA requires that arbitration agreements be enforced according to their terms.

Supreme Court ruled in Lamps Plus, Inc. v. Varela that class arbitrations are not permitted in 2019, thereby reining in the power of parties to litigate on a class basis. The Supreme Court ruled in favor of the petitioner. Silence and uncertainty, according to the Court, are inadequate indicators of assent to class arbitration. As a result, arbitrations must be conducted on an individual basis unless a class action agreement is explicitly provided for.

THE CPR PROTOCOL

The Employment-Related Mass Claims Protocol CPR plan, which may be discovered, is the most extensive and in-depth of the three options. 

To ensure that all parties are on the same page, the Protocol goes into great depth. However, the Protocol makes it plain that the parties might alter the conditions of the Protocol in order to satisfy their specific requirements. Attorneys from both the plaintiffs’ and defendants’ sides, as well as well-versed arbitrators, were selected by CPR to serve on a Task Force that was tasked with drafting the Protocol.

In order to be eligible for the CPR program, an individual must have filed and amassed at least thirty comparable claims against the same company. The first step is to determine whether the circumstances are comparable enough to merit the Protocol’s use. An Administrative Arbitrator will determine whether the Protocol should be used if they can’t come to an agreement.

An Initiation Price will be paid by Respondents if the Protocol applies, although this is not the complete fee that will be paid in the long run. The arbitration will thereafter take place in ten instances that have been chosen at random. The Administrative Arbitrator will consider whether one or more of the additional instances submitted by either party should be included.

 In each situation, CPR will then construct a random list of fifteen conflict-free neutrals. At the very least, 30% of the names on the list will be varied neutrals. Prior to getting the list, respondents must pay an appointment fee.

One arbitrator will be chosen for each test case through a ranking and striking procedure by the parties and a chance for a party to object based on arbitrator disclosures. The arbitrator’s fees must be paid at that point. After the first pre-hearing meeting, the arbitrator will hear the matter and deliver a reasoned award within a hundred and twenty days after the hearing. CPR will then make these rewards completely anonymous. 

Choosing a mediator who will be compensated by Respondent is the next step. Having access to the anonymized arbitration awards, the mediator can attempt to reach a ‘Substantive Methodology’ for resolving all the cases that are still outstanding at that point, namely all those filed up to that point except for the cases that have been the subject of a final arbitration award. All major conditions of a settlement must be agreed upon, and objective standards must be used to apply those terms to each specific case. A ninety-day mediation period is allowed. All cases are put on hold and the statute of limitations is extended during this period.

Even if mediation fails, the Respondent or any Claimant might choose to continue in court instead of arbitration. To opt-out of the agreement, the parties have sixty days. That said, if Respondent chooses to withdraw, all of the charges against it will go to trial. The claimant, on the other hand, has the option to go to court even if Respondent refuses to opt-out. Arbitration is the only option if both parties refuse to withdraw their claims. It must be completed within a hundred and twenty days following the appointment of an arbitrator.

Each Claimant will get an offer if the mediation is successful, and they have the option of accepting or rejecting it. Arbitration is the next step if the offer is turned down. Any mix of in-person and remote hearings may be held by the arbitrator. There must be a hearing within fifty miles of the domicile of the Claimant.

In no more than six months, the arbitrations and mediations for the test cases should be completed, followed by another six months for the arbitration. As a last alternative, the mediation process may be restarted by the parties, but only those parties who did not previously have the chance to do so can now opt-out.

THE AAA PLAN

The AAA has prepared ‘Supplementary Rules for Multiple Case Filings’. Other forms of arbitration may choose to arbitrate under CPR’s rules, which do not apply to employment or consumer issues.

The AAA invites parties to agree on a number of issues in the introduction to the new Rules, like [A.] agreed-upon scheduling order; [B.] agreement to appoint a special master to oversee common procedural issues (e.g. discovery, the statute of limitations); [C.] an agreement to hear the case solely on documents; [D.] an agreement to assign multiple cases to a single arbitrator; [E.] an agreed form of award; [F.] limitations on briefs, motions, and [G.] disclosure request, as well as the arbitration process itself.

When twenty-five or more comparable cases are filed, the Rules apply, and the parties’ representation is either consistent or coordinated. All consumer and employment cases that fulfill this qualification will be subject to these rules. Demand for Arbitration is submitted, but the filing party must additionally submit a Multiple Case Filing Intake Data Spreadsheet after the threshold of twenty-five cases has been met, and this Spreadsheet must be updated when further cases are filed. There is a forty-five-day deadline for filing responses, counterclaims, and/or amended claims.

Further filings may be made after the Initial Arbitration Demand, if necessary, in relation to all previously filed matters. The AAA may decide to appoint a Process Arbitrator to decide the administrative issue for all cases included in the Multiple Case Filing if the parties dispute any AAA administrative decision (e.g., designation of cases as substantially similar, filing of one document addressing substantially similar issues, determining the applicable rules, determining the payment of fees and compensation for the arbitrator)…

The Process Arbitrator might be chosen by the parties, chosen from a list provided by the AAA, or picked by the AAA. After receiving a final submission, a Process Arbitrator must reach a decision within thirty days. It is the responsibility of the parties and the Merits Arbitrator to abide by the decision of the Process Arbitrator.

Merits arbitrators might be chosen by the parties or from a list published by the American Arbitration Association (AAA). The parties will have fifteen days after receiving the list of arbitrators to rank and strike. If no arbitrator is chosen via this method, the AAA may choose an arbitrator and may allocate many cases to that arbitrator.

The arbitrator’s remuneration and costs will be handled in the same way as all other AAA matters. Administrative Fees.

THE FEDARB FRAMEWORK

Currently, FedArb is using the trademark ADR-MDL to refer to a ‘Framework for Mass Arbitration Proceedings.’ 

There are 20 or more claims brought by workers or customers, represented by the same law firm, that fall within FedArb’s purview, and those claims contain a similar set of facts and legal difficulties. A $50 filing fee is all that each claimant is need to pay unless state or local regulations allow them to be waived. The company will cover all setup, administrative, and arbitration expenses.

While the ADR-MDL panel is formed, all individual arbitrations are halted. FedArb charges a one-time ADR-MDL startup cost for the Company. ADR-MDL panel or FedArb will designate a lead counsel for claimants if various law firms represent them and they cannot agree on who will represent them as lead counsel. Former federal judges from FedArb’s list will be used to select a three-judge panel, with input from the parties. The parties may agree on a single FedArb panelist if there are less than fifty claims and the total amount of damages sought is less than USD250,000.

Disputes involving legal, procedural, and factual matters will be resolved by the ADR-MDL Panel. All present and future claimants will be bound by the panel’s decision on a standard damages formula.

Following such decisions, the case will be remitted to individual arbitrators for consideration of any remaining problems. Fed Arb will provide the parties with a list of five names from which they may choose an arbitrator. The arbitrator must make a decision within ninety days after being appointed. 

However, nothing in the ADR-MDL framework prevents the parties from resolving any case or group of cases, notwithstanding the absence of a mediation procedure. 

ISSUES WITH MASS ARBITRATION

However, mass arbitration has changed the equation for litigants by making arbitration more expensive than litigation. expenses for each individual arbitration demand filed with the AAA. A good example is the AAA Employment Arbitration Rules. Arbitration expenses in California must now be paid within thirty days of the due date established by the arbitration provider.

Some corporations have refused to pay the first filing fees, claiming that mass arbitration is improper because of the rising expenses. When it comes to the California statute that requires payment within thirty days, a court found that the rule ‘encourages arbitration’ by ‘preventing parties… from holding, hostage workers’ or customers’ lawfully arbitrable claims,’ and so was not prohibited by the Federal Arbitration Act. 

Finally, each of these protocols is designed to cope with massive volumes of data. These features seem to be recurring: expedited procedures, respondents paying most of the costs, and a system for detecting comparable issues that can be used in many situations.

Courts ordering firms to pay the majority of expenses in required arbitration is another factor contributing to the growth of mass arbitrations. When arbitration has been imposed by the employer and is only permitted at the employer’s request, as the D.C. Circuit ruled in 1997, it is the employer’s responsibility to cover the whole cost of arbitration. If plaintiffs must spend much more to begin arbitration than they must pay in court, it is ‘inappropriate,’ the court concluded. Courts have often set constraints on arbitration agreements, such as requiring unbiased arbitrators, adequate discovery, and the ability to seek all forms of remedy that would be available in court. 

WHAT SHOULD YOU DO NEXT?

Simply pick up the phone and call Toll Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all of your process service needs; no job is too small or too large!

Contact us for more information about our process serving agency. We are ready to provide service of process to all of our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington D.C

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives” – Foster, William A

Sources

1. AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011a)

2. Any claims must be made ‘in the individual capacity of the parties and not as a plaintiff or member of any putative class or representative action,’ according to the arbitration clause in the phone’s sale and service agreement.

3. Discover Bank v. Superior Court, 36 Cal. 4th 148,

4. Under the Discover Bank test, a class-action waiver will be unenforceable under California law when it appears in a ‘consumer contract of adhesion’, when the disputes ‘predictably involve small amounts of damages, and where the plaintiff alleges that ‘the party with the superior bargaining power has carried out a scheme to deliberately cheat large numbers of consumers out of individually small sums of money

5. Henry Schein, Inc. v. Archer & White Sales, Inc., 586 U.S. ___ (2019)

6. 17-988 Lamps Plus, Inc. v. Varela (04/24/2019)

7. However, in the latter, the Court found the parties’ consent to class-wide arbitration could not be based only on ambiguity and that any such desire must be conveyed unambiguously rather than in ordinary arbitration agreement terminology, such as ‘class arbitration.’

8. Arbitrability conflicts may only be decided through arbitration, and courts have no authority in certain cases.

9. On behalf of 1,300 Lamps Plus workers, a hacker obtained their tax information and then submitted a bogus tax return in Frank Varela’s name, resulting in a class-action lawsuit. In the same place. On the basis of an arbitration provision in its employment contract, Lamps Plus sought dismissal of the litigation in favor of individual arbitration. Employees were allowed to continue as a class in arbitration, but the Ninth Circuit upheld this decision on the premise that the arbitration language was vague as to whether class arbitrations were permitted.

10. A worldwide mediation of the Multiple Case Filings will be arranged within 120 days after the filing of the Answer. If the parties are unable to agree on a mediator, the AAA will select one for them. Both the arbitrations and the mediation will take place at the same time. The arbitrations will not be halted unless the parties agree to it. No one must participate in mediation if they don’t want to. The mediator will not serve as an arbitrator in this case.

11. Multi-district Litigation (MDL) is a term used in federal court to describe the practice of assigning a single judge to pre-trial hearings for a large number of comparable cases. FedArb’s ADR-MDL is based on this broad concept.

12. Cal. Civ. Proc. Code 1281.97, as amended.

13. 823 F. App’x 535 decision in Adams v. Postmates, Inc, 414 F. Supp. 3d 1246, 1250 (ND Cal. 2019). (9th Cir. 2020).

14. There are 10,356 individuals who have filed a lawsuit against Postmates Inc. (C.D. Cal. Jan. 19, 2021).

15. Burns International Security Services, 105 F.3d 1465, 1485, Cole v. Burns, Inc. (D.C. Cir. 1997)

HOW TO SERVE LEGAL PAPERS IN ICELAND

Located in the North Atlantic Ocean, Iceland is the most sparsely inhabited European nation.   Reykjavik is Iceland’s capital and the country’s biggest city. A market economy with minimal taxes and the largest trade union membership in the world may be found in Iceland.   As a Nordic welfare state, it offers universal healthcare and higher education to its residents.  Equality and stability are major priorities in Iceland, which ranks third in the world for the wealthiest adults per capita. 

 Iceland relies nearly solely on renewable energy to power its infrastructure.

BACKGROUND

The Althing, one of the world’s longest continuously operating legislative bodies, administered the island as an autonomous nation. Iceland remained a remote semi-colonial area where Danish institutions and infrastructures were conspicuously absent despite the Danish kingdom’s forced introduction of Lutheranism in 1550. 

During the Napoleonic Wars and the French Revolution, Iceland’s independence movement took shape and culminated in the creation of a republic in 1944. Althing was suspended from 1799 to 1845, although the island republic is recognized as having the world’s longest-running and oldest parliament, notwithstanding this fact.

Subsistence fishing and farming were Iceland’s main sources of income before the 20th century. Following World War II, Iceland became one of the richest and most industrialized countries in the world because of the industrialization of the fisheries and Marshall Plan help. In 1994, it became a member of the European Economic Area, which allowed it to broaden its economic base to include fields like banking, biotechnology, and production.

The Scandinavian roots of Icelandic people are at the heart of the country’s unique culture. Norse and Gaelic immigrants have been the primary ancestors of most Icelanders. Because of their shared North Germanic roots, Icelandic and Faroese have a lot in common linguistically. Traditional Icelandic food, Icelandic literature, and medieval sagas are all part of Iceland’s rich cultural legacy. Since Iceland has the lowest population among the NATO countries, it is the only one without a permanent army, except for a tiny, lightly equipped coast guard.

ICELAND COURT SYSTEM

When the three-tier system was implemented on 1ST January 2018, it replaced the previous two levels of courts in Iceland. Court of Appeal is a court of the second instance that sits between the District Court and the Supreme Court, and it was established in Iceland in 2011. Introducing the Court of Appeal is part of a comprehensive reform of Iceland’s legal system.

All legal proceedings in Iceland begin in one of Iceland’s eight District Courts. If certain requirements are met, a case may be appealed to the Court of Appeals from a District Court decision. It will be possible to appeal the decision of the Court of Appeals to the Supreme Court, which will remain the country’s highest court, under certain circumstances and with the authorization of the Supreme Court. In most cases, the Court of Appeal’s decision will be final. In light of these reforms, the Supreme Court of Iceland will play a more prominent role in creating legal precedents. The eight District Courts in Iceland are presided over by forty-two of Iceland’s sixty-four judges. There are fifteen justices in the Court of Appeals, and seven on the Supreme Court.

The newly created governmental entity, the Judicial Administration, started functioning on January 1. With the help of the Judicial Administration, courts will be able to communicate with the government, media, and other parties more effectively.

COURT OF FINAL INSTANCE IN ISLAND

The Supreme Court of Iceland is Iceland’s court of final appeal. Iceland’s Supreme Court is also the oldest and most powerful of the country’s three courts, which include the District Courts and Court of Appeal.

It is approved by Iceland’s Courts Act No. 50/2016 despite the fact that the Court is not named by name, only its judges are. Dómhsi in Arnarhóll in Reykjavk is where Iceland’s Supreme Court is housed; it was constructed specifically for this purpose and began operation in 1996. Benedikt Bogason serves as the court’s current president.

DOMESTIC PROCESS SERVICE REQUIREMENTS IN ICELAND

Under the Iceland Process Service legislation set in place, it is required that the summons include: [A.] the party’s name and ID number; [B.] the names and positions of any representatives that exist; [C.] the person or persons who will be pleading the case for the plaintiff; and [D.] the plaintiff’s claims, such as a sum of money in ISK, compensation for specific damage suffered (if it is still unknown), or the plaintiff’s defense, if any, in the action. This should also include the grounds for action on which the plaintiff bases their action, and also other circumstances which need to be stated for the background of the grounds to be clear; this description is supposed to be concisely worded and sufficiently clear as to leave no doubt as to the substance of the case.

Somewhat distinct from the civil procedure in the United States, the summons is also required to have the legal principles or statutory provisions on which the plaintiff bases their action, as well as the primary items of evidence that they possess, and those remaining to be collected included in its body. This also extends to the persons who the plaintiff intends to produce as witnesses in court regarding the facts of the case, laid down with the location and time of the court session.

The defendant will be summoned and given notice that if they do not appear in court to answer the charge and provide evidence if the case is registered, a judgment in absentia may be entered against them.

If the plaintiff’s claims in the action can only be satisfied by means of an enforcement measure, one copy of the summons is specifically to be written on legal document paper of A4 size with a margin of at least 4 cm on the left side of the front of the page and on the right side of the back of the page. This copy of the summons will be submitted additionally to the judge when the case is registered unless a settlement has already been reached or the defendant accepts the plaintiff’s claims and submits observations.

ICELAND AND THE HAGUE SERVICE CONVENTION

The Republic of Iceland ratified the Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, also called the Hague Service Convention, on November 10, 2008.

The Convention’s provisions entered into force in Iceland on July 1st of the following year. The Tenth Session of the Hague Conference on Private International Law drafted the Hague Service Convention in 1964. The Hague Conventions on Civil Procedure of 1905 and 1954 were updated by the Convention. In order to ensure that defendants who are being sued in foreign jurisdictions get timely and accurate notice of the complaint, the amendment was designed to make serving procedure overseas easier.

US attorneys seeking service in Iceland are required to keep the context of the Convention as set forth in Volkswagenwerk A.G. v. Schlunk. Justice Brennan said in Volkswagenwer Aktiengesellschaft v Schlunk that Convention provisions are ‘mandatory’ with regard to any transmission governed by it before the Supreme Court of the United States. It follows therefore that the Hague Process must be used as the exclusive form of service if both nations have agreed to it. As a result of the Hague Convention’s legally binding character, private parties are unable to bargain their way out of their contractual commitments. In Rockefeller Technology Investments (Asia) VII v. Changzhou Sinotype Technology CO., LTD, this was shown.

As a whole, the Convention has two major consequences. To begin, it gives transnational litigants a variety of options for serving papers outside of their home country, as long as none of them are in conflict with the rules of the country to which they are being served. Most of the guidance on which procedures are not permitted is found in the Convention. For the sake of ensuring that ‘due process is followed, the Convention also governs the awarding and relief from default judgments by courts.

HOW TO SERVE legal Papers IN ICELAND VIA THE HAGUE SERVICE CONVENTION

The Icelandic Central Authority, while not as swift as many of its Scandinavian neighbors, is methodical and efficient. Difficulties are quite rare. If a judicial or extrajudicial document must be sent from one Contracting Party to another for service, the address of the person to be served is known, and the document to be served pertains to a civil or commercial issue, the Convention will kick in. If these conditions are satisfied, then the Convention’s transmission channels must be used in accordance with the Convention. If communication to another Contracting Party is required, it should be noted that the law of the forum will decide whether or not the transmission is required.

Requests for service under the Convention are sent to the Central Official of the Contracting Party in which the service is to be provided by a competent authority or judicial officer from one Contracting Party. The request must adhere to the Convention’s Model Form.

The Central Authority of the requesting Contracting Party will serve or arrange for the service of the document by a competent authority in accordance with the legislation of the country in which it is being sought. There are exceptions to this rule, such as where the forwarding authority in the asking Contracting Party requests a specific technique or process, as long as it is not in conflict with the legislation of that Contracting Party. If service was not completed, an explanation for why is required to be included in the certificate that is appended to the Convention.

TRANSLATION REQUIREMENTS in iceland

Iceland is a majorly English-enabled country, which renders the question of translation requirements as per Article 10 of the Hague Service Convention. As a result, Iceland does not specifically require the translation of English documents under the Hague Service Convention.

In all cases, however, documents must reasonably be understood by the defendant in order to fulfill US Due Process requirements. In particular, for documents served upon a recipient who speaks neither English nor Icelandic, translation into another language altogether may be necessary. Central Authority may refuse any service requests that do not meet the Convention’s requirements.  A rejection by the Central Authority ‘must quickly notify the applicant and detail its objections to the request,’ if applicable.   A Central Authority is required under the Convention’s Article 6 to provide a certificate stating that the papers have been served, together with information on the date, time, and mode of service. The certificate must explain why service of the document was denied.’

Since the Central Authority has the authority to evaluate whether the translated papers fulfill the State’s demand for translation before serving them to its citizens, service might be sought in accordance with State internal service laws.

Accordingly, although perhaps not mandatory, an Icelandic translation is advisable in many cases. US practitioners are encouraged to discuss this issue with us. In order to be served in the United States, a plaintiff must closely adhere to the Convention’s translation requirement. However, this consequence is not as serious as the court entirely rejecting the case due to inadequate service if the court quashes said service. Because American courts interpret Article 5 according to American legal principles, there is a lot of confusion about how broad the duty for translation really is.

how to serve legal papers THROUGH ALTERNATE CHANNELS in iceland

Iceland has declared that it does not object to direct service by postal channel. However, mail service pursuant to the Hague Service Convention is fraught with issues, including the need to have it executed in accordance with the forum court’s local rules, and where service abroad is proper when the destination country has not affirmatively stated that it is not opposed to mailing service.

In all cases, service via the postal channel should include a signed receipt mechanism (required under Fed. R. Civ. P. 4). The federal courts in the United States are divided regarding the right interpretation of Article 10(a) in the United States. As long as the recipient country hasn’t protested directly to this provision of the Convention, the Second Circuit has ruled that article 10(a) permits foreign service of process by mail.  Article 10(a) does not allow for this kind of service, according to the Eighth Circuit.

Iceland, however, specifically objects to direct service by a judicial officer, official, or other competent people, as well as by ‘interested persons,’ under the Convention.

WHAT SHOULD YOU DO NEXT?

Simply pick up the phone and call Toll Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all of your process service needs; no job is too small or too large!

Contact us for more information about our process serving agency. We are ready to provide service of process to all of our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington D.C

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives” – Foster, William A

Sources

1. Two-third of Icelanders live in the southwest, around the capital city of Reykjavik and its environs

2. In the 13th century, after a period of civil unrest, Iceland came under the control of the Norwegians. The Kalmar Union was established in 1397, bringing Norway, Denmark, and Sweden together. In 1523, Sweden renounced its membership in the Union of Sweden and Norway, and Iceland became a Danish colony.

3. Icel. Landsréttur

4. Dómstólassla

5.  Also known as Courthouse

6. Code of Civil Procedure No. 91, 31 December 1991. Ferill málsins á Alþingi. Frumvarp til laga. Took effect 1 July 1992. Amended by Act 133/1993 (took effect 1 Jan. 1994; The EEA Agreement: Annex V, Directive 64/221/EEC;

7. Plaintiffs are at all times entitled to issue summonses themselves. They may also submit them to a judge for the issue, providing that the wording is appropriate. If a judge is asked to issue a summons, he or she shall bring to the plaintiff’s attention any flaws in the presentation of the case which he or she sees and which could result in the case being dismissed; the judge may not, however, refuse to issue the summons for this reason, as judges are not bound by such private opinions when resolving the case.

8. 486 U.S. 694 (1988).

9. Rockefeller Technology Investments (Asia) VII v. Changzhou Sinotype Technology CO., LTD., B272170 v. California Court of Appeal, ruled on June 1, 2018

10. Article 1

The present Convention shall apply in all cases, in civil or commercial matters, where there is the occasion to transmit a judicial or extrajudicial document for service abroad.

This Convention shall not apply where the address of the person to be served with the document is not known.

11. Article 5

The Central Authority of the State addressed shall itself serve the document or shall arrange to have it served by an appropriate agency, either –

a)  by a method prescribed by its internal law for the service of documents in domestic actions upon persons who are within its territory, or
b)  by a particular method requested by the applicant, unless such a method is incompatible with the law of the State addressed.

Subject to subparagraph (b) of the first paragraph of this Article, the document may always be served by delivery to an addressee who accepts it voluntarily.

If the document is to be served under the first paragraph above, the Central Authority may require the document to be written in, or translated into, the official language or one of the official languages of the State addressed.

That part of the request, in the form attached to the present Convention, which contains a summary of the document to be served, shall be served with the document.

12. Article 6

The Central Authority of the State addressed or any authority which it may have designated for that purpose shall complete a certificate in the form of the model annexed to the present Convention.

The certificate shall state that the document has been served and shall include the method, the place and the date of service, and the person to whom the document was delivered. If the document has not been served, the certificate shall set out the reasons which have prevented service.

The applicant may require that a certificate not completed by a Central Authority or by a judicial authority shall be countersigned by one of these authorities.

The certificate shall be forwarded directly to the applicant.

13. Article 10

Provided the State of destination does not object, the present Convention shall not interfere with –

a)  the freedom to send judicial documents, by postal channels, directly to persons abroad,
b)  the freedom of judicial officers, officials, or other competent persons of the State of origin to effect service of judicial documents directly through the judicial officers, officials, or other competent persons of the State of destination,
c)  the freedom of any person interested in a judicial proceeding to effect service of judicial documents directly through the judicial officers, officials, or other competent persons of the State of destination.

14. Because article 10(a) refers to ‘send,’ rather than ‘serve,’ the Eighth Circuit ruled that only later papers may be sent, once service has been achieved via an allowed means.

HOW TO SERVE LEGAL PAPERS IN LOUISIANA

Louisiana Process Service may be performed at any time of the day or night, including on Sundays and public holidays. There must be a proper official present in order to make personal service of a citation or other Louisiana Process Service.

When a proper official leaves the citation or other Louisiana Process Service at the residence or habitual place of habitation to be served, a person of appropriate age and discretion who resides in the domiciliary establishment will usually receive said service.

HOW TO SERVE LEGAL PAPERS IN LOUISIANA THROUGH PERSONAL PROCESS SERVICE

To serve a summons or other process at a person’s place of residence, a proper official must leave the summons or other Louisiana Process Service at the person’s home or regular residence. A person’s place of birth remains with them till they move to a new place. Physical presence in the new location and the current intention to stay there permanently are required for a change of domicile[1].

HOW DOMICILIARY SERVICE MAY BE PROVIDED ON DIFFERENT GROUPS IN LOUISIANA

A person is served by personal or domiciliary service on a representative appointed by the court, by operation of law, or by mandate[2].  The secretary of an attorney might be served Louisiana Process Service at the attorney’s office as a representative of a client[3].

The warden or their designee[4] for that shift performs Louisiana Process Service on behalf of an individual who is jailed in a jail or detention institution. It is up to the warden or their designated representative to serve the detained individual Louisiana Process Service on a personal basis. The affidavit of the person who served the citation and pleadings on the jailed individual serves as proof of service.

Personal service on an individual who is named in pleadings in more than one capacity, including but not limited to as an individual, tutor, or a representative of a legal or quasi-legal entity, is sufficient to constitute Louisiana Process Service on that individual in all capacities, including but not limited to as an individual, tutor, or a representative of a legal or quasi-legal entity.

After five days, if the sheriff has not served the Louisiana Process Service, a party may request that any person over the age of majority, who is not involved in the case, be appointed to serve Louisiana Process Service on their behalf, as long as the person does so within the state of residence. In the same way that each other fact in the case must be shown, so must the Louisiana Process Service.

HOW TO SERVE LEGAL PAPERS UPON A CORPORATION in Louisiana

Louisiana Process Service might be applicable for both a domestic and international company. Personal service of citation or other Louisiana Process Service on a domestic or foreign business may be made on any one of its agents for process service. If a company fails to designate an agent for Louisiana Process Service, or if no registered agent is available due to the corporation’s termination, resignation, or removal, Louisiana Process Service may be made via personal service on any of the company’s employees who are of legal age and discretion,  or if the company is governed by R.S. 13:3201, by serving of Louisiana Process Service as per the requirements[5].

It is permitted to serve Louisiana Process Service on the secretary of state or someone in their office authorized to accept Louisiana Process Service on companies if the officer making service declares that they are unable, despite diligent endeavor, to obtain Louisiana Process Service. This citation will be sent to the corporation’s last known address by the secretary of state.

Personal service on a partner is used to serve citations on a partnership or perform any other procedure. Personal service may be performed on any employee of appropriate age and discretion at any location where the partnership’s business is routinely done if the officer certifies that they are unable, despite diligent endeavor, to provide this service.

Personal service on an individual who is named in pleadings in more than one capacity, including but not limited to as an individual, tutor, or a representative of a legal or quasi-legal entity, is sufficient to constitute service of process on that individual in all capacities, including but not limited to as an individual, tutor, or a representative of a legal or quasi-legal entity.

A foreign corporation or foreign limited liability company that is not required by law to appoint an agent for the Louisiana Process Service, but has engaged in business activity in this state, maybe served on any employee or agent of the corporation or limited liability company of suitable accountability for Louisiana Process Service in an action or proceeding on a cause of action resulting from such business activity in this state or for any taxes due or other obligations arising therefrom.

The officer tasked with serving the papers must report back to the court if they are unable to serve the papers because the employees or agents involved have left the state or cannot be located despite their best efforts. Then, the court will direct that Louisiana Process Service be made on the secretary of state, or on any other official in their office designated by the secretary of state to accept Louisiana Process Service.

The secretary of state will then determine the corporation or limited liability company’s domiciliary post office address and goes on to send the original papers served to the corporation or limited liability company by registered mail, with a return receipt requested, to the corporation or limited liability company. True copies of these documents must be kept on file by the secretary of state. They will make a note of the service’s date, time, and place, as well as the final destination of the original documents.

HOW TO SERVE LEGAL PAPERS BY MAIL in louisiana

As with a citation, a subpoena must be served and returned in the same way and with the same effect. Service of a subpoena on a party’s attorney of record is permitted when the party is called as a witness. For non-residents, the court may direct Louisiana Process Service to be performed on an attorney at law designated if service by registered or certified mail or physical delivery is not possible.

It is the same as delivering a personal service to the defendant in this state if the process is served that way Either local or international business entities that specialize in the transport of mail and packages of any kind are considered ‘commercial couriers’.

After the letter or item has been delivered, the recipient or the recipient’s representative must sign a delivery receipt[6].  If there is no date on the acceptance of service, it is effective as of the day it is filed with the court. As long as the law or local court regulations allow for delays, acceptance of service will not influence these timeframes.

A citation or other legal procedure is conclusive if the officer who served it returns it. By regulation, such documentation may be launched before judgment in a lawsuit or Louisiana Process Service. 

A challenge to a return filed after a judgment may only be raised in the originating action or procedure in order to have the verdict vacated. An amendment on a regulation sought against and tried against the defendant who was served or any other person who may be impacted by the amendment is possible if the defendant was served[7].

For any civil action or process following service of the initial petition, service of pleadings, papers, or notifications may also be done through telephonic facsimile communication device delivery to an attorney of record in the event that the attorney keeps such equipment at his office. When service is performed, the gadget is already in use. A certificate of service is a document that is filed in the court file by the party or attorney who performs service in accordance with the terms of this agreement.

WHAT DOES SERVICE OF LEGAL PAPERS ON THE SECRETARY OF STATE ENTAIL in Louisiana

In all cases where Louisiana Process Service on a foreign company may be made via the secretary of state, this Louisiana Process Service can be made in person on the secretary of state anywhere in the state of Louisiana[8]. The secretary of state’s assistant secretary of state, or any person authorized by the secretary of state to accept Louisiana Process Service in their absence, maybe served if they are not present in the office[9]. This kind of Louisiana Process Service has the same impact as if it were performed directly on the secretary of state.

To ensure that the petition and citation are properly served on the defendant, the nonresident, the executors or administrators of the deceased nonresident, or the nonresident liability insurer of the vehicle, the secretary of state or their successor in office must be served with a copy of the petition and citation. Such continuances as may be required for the defendant to have a reasonable chance to defend the case may be granted by the court.

A constable or court-appointed officer is used to carrying out Louisiana Process Service when the sheriff is unable to do so. The sheriff is not considered to be a concerned party in the case. However,  to serve legal processes where the sheriff of a parish has an interest in the matter being litigated, there must be a regular constable in that parish, or the court may appoint a special constable to serve in his or her place if there is no sheriff in office. This constable or officer will have all of the sheriff’s powers, receive all of the emoluments, and be accountable for all of the sheriff’s duties in the action. If a constable or deputy constable cannot or will not perform said duties, the sheriff or a deputy sheriff is called in to take their place. A special deputy constable is then named[10].

REQUIREMENTS FOR PROCESS SERVICE ON THE SECRETARY OF STATE in louisiana

It is sufficient to serve the petition and citation on any non-resident by serving a copy on the secretary of state, or his successor in office, as long as the plaintiff sends a notice of service to the defendant as soon as possible via registered mail or actually delivers the petition and citation to the defendant[11]. By registered mail or affidavit of the party that delivered the petition, return receipts for notices are issued to defendants. Non-residents must be served with the citation in the proceedings before a judgment may be issued against them. Such continuances as may be required for the defendant to have a reasonable chance to defend the case may be granted by the court.

The secretary of state may be served with any other legal procedure. The secretary of state must be served with any process other than a citation in accordance with R.S. 13:3479. Any such non-resident will be satisfied with this level of care[12].

HOW TO SERVE LEGAL PAPERS BY MAIL in louisiana

To serve summonses and other processes in circumstances where the defendant is not domiciled in a certain parish, service must be done by sending the summonses and other processes to an agent, overseer, or manager of the defendant’s factor.

The sheriff is not liable for constable marshal’s travel or shipping charges if the procedure is sent to them through the mail. The sheriff may mail the process to be served to one of his deputies, a constable of a justice of the peace court, or a constable or marshal of a city court if the location where service is to be made is more than ten miles from the sheriff’s office and the party at whose instance service is to be made has requested it. Any deputy, constable, or marshal who performs service in compliance with this section must file a report detailing the manner in which service was performed and send it to the sheriff to be filed in the issuing court.

If a party requests Louisiana Process Service, the sheriff may only charge the deputy, constable, or marshal’s actual mileage from their residence or office to the location where service is to be performed and back[13]. Sheriffs are not held accountable for constables’ or marshals’ performance or lack thereof when it comes to serving and returning documents as a result of the process served on them.

No defense to nonresident attachment exists until the Secretary of State is notified of the appointment of an agent for process service by a nonresident person or partnership. There is no defense to a property attachment based on the non-residence of the defendant unless a formal notice of such appointment has been filed with the secretary of state, giving out the name and address of the agent in question. The secretary of state is required to retain a record of all appointments, including the dates of such appointments, on hand for public examination.

HOW TO SERVE A SUBPOENA IN LOUISIANA

A subpoena in Louisiana will be served and a return will be made in the same manner and with the same effect as a service of and return on a citation. When a party is summoned as a witness, service of the subpoena may be made by personal service on the witness’ attorney of record.

OUT OF STATE SUBPOENA IN LOUISIANA

The most significant lawsuit includes the subpoena of witnesses, documents, or information situated in greater than one state. Nevertheless, out-of-state subpoenas cannot be served in Louisiana, until they’ve been properly domesticated[14].

If a party wants an out-of-state subpoena to be issued, the clerk of court of the parish where discovery is to be performed must be presented with the original or a certified copy of a foreign subpoena. Requesting the issue of a subpoena does not constitute a court appearance in the state of Louisiana

After receiving a foreign subpoena, the clerk of court is required to issue a subpoena for service on the individual to whom the foreign subpoena is sent in accordance with the procedures of that court[15].

WHAT SHOULD YOU DO NEXT?

Simply pick up the phone and call Toll Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all of your process service needs; no job is too small or too large!

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Sources

[1] Establishing a domicile is based on the real status of facts, not what one claims them to be. Case: Pattan v. Fields, 669 So.2d 1233, writ refused at 661 So.2d 1341, 1342 (La. 1 Cir. 1995)

[2] To accept service on behalf of his stepfather for notice of default judgment, an 11-year-old was of legal age and discretion. In order to determine whether the youngster was old enough and competent enough to do duty, the deputy asked a series of questions. Rall, 607 So.2d 716, First National Bank of Jefferson Parish v. (App. 4 Cir., 1992).

[3] ‘Secretary’ is defined in this article as the person assigned to a certain attorney and tasked with the execution of that portion of the attorney’s work including record keeping, sending and receiving correspondence, and creating and monitoring the attorney’s schedule

[4] Servicing a jailed person is covered by Article 1235.1

[5] Service on a Louisiana company by leaving a copy of the petition with its registered agent’s wife at her address was found to be inadequate, and the proceedings that resulted in a default judgment against the corporation were declared null and void. Clifton Briley and Service Electric of Louisiana, Inc. v. 479 So.2d 691 (App. 3 Cir., 1985).

[6] Has no stake in the outcome of the topic addressed in the letter or package.

[7] Process served by a sheriff or constable must be returned as quickly as feasible to the court that issued the process. An official book is given for this purpose, and the serving officer is required to maintain a comprehensive record of all actions taken. Under R.S. 13:3471, the entries in this book must be accepted and acknowledged in the absence of the original return, if the original return is lost or destroyed (5).

[8] This provision is inclusive under any legislation previously or later passed

[9] The secretary of state must be served; notice and copies must be sent or delivered; a receipt or affidavit must be filed, and continuances may be granted.

[10] if the constable or a legally authorized deputy constable is unable or refuses to perform due to relationship, illness, or other factors in civil cases. The sheriff or his deputy, or a special deputy constable, may be used by the justices of the peace to carry out any orders, citations, summonses, seizures, and writs in civil actions including conservatory writs.

[11] This is in accordance with R.S. 13:3479

[12] Non-residents are not affected by any of the provisions of R.S. 13:3479 through 13:3481 since the laws that now govern them are unaffected.

[13] There may be additional charges for shipping costs if service is performed in accordance with this section.

[14] Revised Statutes

TITLE 13 – Courts and Judicial Procedure

RS 13:3825 – Louisiana Uniform Interstate Depositions and Discovery Act

LA Rev Stat § 13:3825

[15] Identify the caption and case number of the out-of-state case to which it relates and incorporate the terms used in the foreign subpoena.

(b) State the name of the court in this state which has issued it with an identifying number.

(c) Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.