Friday, July 29, 2011

Do original legal documents need to be served or will copies be sufficient

Like most requirements regarding serving documents, this also comes with a similar theme “it depends”. It depends on many items, such as the State and jurisdiction the documents were filed in as well as what type of documents you are serving. Knowing both where your documents were filed and what type of documents can be critical in determining if you can serve copies or you need to serve the original for the service of process to be proper. The requirement for original legal documents varies from state to state. For example, documents filed in a California jurisdiction, the original legal documents do not need to be served according to the California Code of Civil Procedure C.C.P. §§ 415.20(a) and (b) “leaving a copy of summons and complaint at office, dwelling house, usual place of abode or business or usual mailing address…”
In fact, many process serving companies like Rapid Legal, prefer that you upload your legal documents to be served (if the legal documents to be served, comes from a state that allows the copies to be served). By forwarding the document electronically, it allows the process serving company to redirect or route the documents to a second or third location quickly for the documents to be served. In addition it reduces the risk of lost or delayed documents in the mail”.

If you’re unsure, ask your process server whether the original legal document needs to be served.

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