Wednesday, October 12, 2011

What Time of the Day Can Legal Documents Be Served?

Legal documents can generally be served at any time of the day. However, depending on the state, local rules and requirements may apply. Although there is currently no universal statute as to the time of day the legal documents can be served, reasonable discretion and common sense must be considered. A process server that causes an unreasonable disturbance can be filed a harassment claim against them. (Golden v. Dungan (1971) Cal. App.3d 295, Cal.Rptr. 577)

Typically, many attorney service companies have a set time for their process servers to attempt service. However, depending on the situation, such as the subject is evading service or the subject is not home during those set hours, it may be reasonable to serve early in the morning or late at night. The key element is that the service was reasonable. By working together and communicating with the attorney or paralegal on a subject being served, the process server can be instructed by the attorney what is “reasonable time” if that “time” is past the company’s normal set of process service hours.

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