You Have to be served. It is Procedure and you have to follow procedure. I just wanted to know how many days I have prior to the actual court date to have this person served. Please don't answer unless you actually know. Be serious.
2007-01-21 05:02:55 · 2 answers · asked by Ann G 1 in Politics & Government ➔ Law & Ethics
Actually the answer to that question varies from court to court. A few states have procedural rules that define such, but due to the backlog of cases on the docket, it is almost never a problem. According to the Federal Rules of Civil Procedure there is no rule that says how far apart the actual service of process must be from the commencement of the trial. However, Rule 4(m) allows up to 120 days to serve the individual from the time the complaint is filed with the court. Most states have a 30-day rule, which is upheld strictly, that makes you serve process to them within 30 days of filing the complaint with the court. I suggest you call the clerk of the individual court you are curious about. I do caution you that most have no such rule governing any length of time between service of process and the trial's commencement.
2007-01-21 05:23:49 · answer #1 · answered by cyanne2ak 7 · 0⤊ 0⤋
The time period should be specified on the forms etc that are to be served.. they vary from state to state local to local and case type to case type.
But you can bet the time period is specified on the forms. If youreally dont have a clue, ask the clerk of courts.. they will tell you.
2007-01-21 16:59:23 · answer #2 · answered by darchangel_3 5 · 0⤊ 0⤋