Serving Legal Documents Guide

Summary

In California, if a set aside motion cannot be served in person, you can use registered or certified mail, including a return receipt. After mailing, fill out a proof of service form and submit it to the court. Consult local court rules or seek legal advice for specific requirements.

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Valen
Hello Valen, nice to meet you! How can I assist you with your legal issue today?
My friend tried serving papers for a dvro. The person wasn't there. They won't be back until Tuesday. Which is after the deadline
Hello Valen, could you please tell me your location? Laws regarding serving papers can differ based on the jurisdiction.
California
In California, if a Domestic Violence Restraining Order (DVRO) couldn't be served before the court hearing, you can:
- Ask the court to reissue the order.
- Request a new hearing date.
Remember, law enforcement agencies can also serve DVROs.
It's not for a dvro it's a set aside motion
Thank you for clarifying, Valen. In California, a "Set Aside Motion" can be filed to request a judge to reconsider or change a previous ruling. Can you please specify why your friend needs to file a set aside motion?
The other party committed perjury in the hearing and the responding party wants to take it off
In California, if perjury is suspected, your friend can:
- File a motion to set aside the judgement.
- Gather evidence of the false statement.
- Consult a lawyer or legal assistance.
Remember, perjury is a serious crime and can lead to penalties.
The set aside motion can't be served because the filing party won't be home before the deadline
In California, if the set aside motion cannot be served in person due to time constraints, you can consider:
- Mail service: Send it via registered or certified mail.
- Service by publication: If permissible, publish in a local newspaper.
- Electronic service: If allowed by court rules.
Remember to consult local court rules or seek legal advice.
What is the process of serving someone by mail
In California, the process of serving by mail involves:
- Sending the documents via registered or certified mail.
- Including a return receipt to confirm delivery.
- Filling out a proof of service form once documents are mailed.
- Submitting the proof of service to the court.
Remember to consult local court rules or legal advice.