If there is a court date set and a process server has to serve someone with a summons to appear in court on a certain day to show cause why they should not be found in contempt of court but the server can not find that person to serve them what happens on the court date? do they proceed without that person or what?
2007-01-05 14:52:47 · 6 answers · asked by Ann G 1 in Politics & Government ➔ Law & Ethics
Nope. You have to get service. Get a new court date for a month away and publish the Notice in the local newpaper. Then, when he doesn't show, you do have good service and you ahve court that day.
2007-01-05 14:58:58 · answer #1 · answered by kathylouisehall 4 · 0⤊ 0⤋
They do not proceed without the responding party. As a general rule, you cannot proceed without the individual who is responding to the allegations. "Notice and the opportunity to be heard" is constituional right. This means that the individual responding must have notice of the proceedings and be given a chance to repond to the allegations.
Depending on your state's procedural rules, the judge may have authority to order an alternate form of service, including service by publication (in a newspaper).
You may want to bring the process server to court to explain what efforts he or she made to serve process.
As always, consult with your attorney.
2007-01-05 15:55:20 · answer #2 · answered by MBTull 3 · 0⤊ 0⤋
this is not your challenge...it is your brother's. reckoning on the State that you stay in and the particular guidelines of service of procedure, oftentimes a summons might want to be left on the abode of the defendant with someone who's over 18 years previous. in the journey that your brother truthfully would not stay there, then the service change into no strong, and this is as a lot as your brother to project it in courtroom.
2016-12-01 21:42:53 · answer #3 · answered by lemmer 4 · 0⤊ 0⤋
yes they will proceed w out that person and said person was out on vacation and never recd such and it will be dismissed case is settled wo u because plea bargains are better taken than a trial u worry to much been there
2007-01-05 15:01:14 · answer #4 · answered by sunshine 5 · 0⤊ 0⤋
No, there can be no legal court held without evidence of proof of service.
2007-01-05 14:56:50 · answer #5 · answered by government slave 2 · 0⤊ 1⤋
no they must serve you
2007-01-05 14:59:22 · answer #6 · answered by Anonymous · 0⤊ 1⤋