Serving In The Courtroom

It's isn't a very smart plan to serve process on somebody in a courtroom when a judge is presiding as judges really hate this. What is the reason it is it so hated? Judges view visits at their courtroom as a mandatory event, and all the consequences are to come from the judge only.

When somebody is served papers in courtroom during a court session; most judges consider this as being a result of the compulsory appearance which the judge didn't order, and that's very often repulsive to them. I'm a Judgment referral expert, not an attorney. This article is only my opinion, please hire an attorney if you require legal advice.

Within the state of California and probably within all other states, serving legal paperwork during the time a judge is sitting at his desk is forbidden. Even if not defined by law, it is a rule which someone should know as common knowledge, that process service isn't permitted when a courtroom is hearing cases.

You can serve papers on folks when they're going to or going from the courthouse. After people exit the court, they're sitting ducks. Process serving after a court session is a good idea, as you'll learn what the person looks like and they will just have just one way to get out.

Certain registered process servers go to court as it opens. When they open the courtroom door, the server follows them to their desk. The server shows the bailiff their process server identification and say "I've got some legal paperwork to serve upon James Smith, who's scheduled to appear this morning. Can I serve them before the judge comes in?"

The court bailiff will probably say OK. Then, the server says "Should I call his name, or do you want to do it?" Usually the bailiff will then call out that individual's name. If that individual approaches the bailiff, they will become a reliable witness for that server's service. If the individual doesn't come, the process server says to the bailiff "I'll wait for a short while, please call his name once more in a few minutes as long as the judge is not here yet".

In the past, there was an immunity rule which specified how people could be served in court, but the immunity rule isn't the law anymore in California. Check out Severn v. Adidas Sportschuhfabriken, 33 California App. 3d 754 (Cal. App. 1st District 1973).

Mark Shapiro - Judgment Broker - http://www.JudgmentReferral.com - where Judgments go and are quickly Collected!

This article was published on 22 Aug 2014 and has been viewed 561 times
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