If I weren't served papers to appear in court, but according to a friend the papers are on the judges desk, am I still required to appear?
Optional Information:
Jackson, Alabama
2007-10-08 23:21:13 · 5 answers · asked by sraj26 2 in Politics & Government ➔ Law & Ethics
Sounds like your friend is full of sh*t. Unless he happens to be the judge's clerk or janitor at the judge's offices.
If you weren't served, don't worry about it.
2007-10-08 23:24:57 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Kinda hard to appear if you don't know when, where, & time. If the papers are on the judges desk then it's not time to appear, unless you screwed up & are hiding, then the judge is probably signing a bench warrant. If the papers aren't in your hands, you don't have to appear, until they are. It's called due process, and how or who serves you, is an important issue. Are you a defendant or witness, and do you want to go or hide. The judge can't set hearings, without paperwork being served. Ex Parte paperwork & motions are not favored because of the judicial issues of rights violations on the defendants side. In my town it's fairly easy because the judge thinks he walks on water.
2007-10-09 06:45:41 · answer #2 · answered by Anonymous · 0⤊ 0⤋
No, of course not. You have to be served in person, and then the person serving you files a Proof of Service.
2007-10-09 06:25:26 · answer #3 · answered by Wintergirl 5 · 2⤊ 0⤋
I would go to the court house, to make sure.
Then let them know that you weren't served.
2007-10-09 11:13:43 · answer #4 · answered by Anonymous · 0⤊ 0⤋
No.
2007-10-09 06:30:34 · answer #5 · answered by regerugged 7 · 1⤊ 0⤋