when the complaint was and filed, or when it was served?? as far as, if two people both filed complaints around the same time, but one person (filed first) was served before the other (filed after), which complaint would be considered ?? two different states, for jurisdiction over the kids....
2006-11-14 09:13:40 · 3 answers · asked by lisha 1 in Politics & Government ➔ Law & Ethics
Generally, date of filing is more important than date of service.
However, if both complaints apply to the same subject matter, one may get put on hold while the other is processed. That's up to the courts, if either party files a stay pending the other proceeding.
It is possible, depending on how the individual courts rule, that both separate claims will proceed in parallel. At some point, one court or the other will have to deal with this potential contradiction.
2006-11-14 10:17:45 · answer #1 · answered by coragryph 7 · 0⤊ 0⤋
Depends. Some states are states in which a civil action commenses when a complaint is "filed" (such as Missouri) and some states are states in which a civil action commenses when it is served on the other party (such as Minnesota.)
When there is a "race to the courthouse," other factors can be reviewed, such as whether one party threatened to bring a lawsuit (and then didn't) who is the "real plaintiff in interest," and other factors.
Since it's over the kids, there are federal statutes that govern, such as the PKPA, requiring some states to give full faith and credit to anther state's custody determintion.
I would say that your lawyer would want to file a motion in the unfriendly venue to dismiss or stay the case, making the best "overall argument" that you can under the circumstances. Forum shopping really stinks. Good luck.
2006-11-14 09:20:29 · answer #2 · answered by Perdendosi 7 · 1⤊ 0⤋
The first person filing is the Plaintiff and the other the Respondent. As to the 2 different states you had better consult an attorney.
2006-11-14 09:18:38 · answer #3 · answered by jstokes1085 2 · 0⤊ 1⤋