Also known as litigation, litigation is the process by which one party to a dispute serves a notice informing another party (e.g., the defendant) of the first legal action. This service authorizes the serving party to exercise jurisdiction over the other party. It also requires the notified party to respond to the legal proceedings. However, if you avoid being served, legal action may be taken against you once each option has been considered and the fact that you are intentionally trying to avoid delivery has been established. The only thing is that the prosecution process could get a bit tricky for the person suing you. A special processing server is a “private server” hired by a litigant to do the work of a yeoman in the process of serving court documents. Special processing servers are often tasked with performing special judicial tasks. Unlike ordinary court case server, specialized servers are skilled in one type of court case or another. Canada authorizes service by post in accordance with Article 10 bis; however, a signed receipt must be attached (required by Fed. R. Civ. P.

4). The success of markup with this method depends on compliance with local rules and the rules of the Hague Convention. Canada does not object to service by bailiffs, officials or other competent persons in accordance with Articles 10b and 10c. The rules must be followed when serving court documents. In some cases, it is the clerk of the court who serves the documents by mail. In most cases, however, it is the responsibility of the party to serve its own documents on the other parties. This information does not constitute legal advice. For specific questions, contact our Canadian processing servers at 855-545-1303. Obtaining an enforceable judgment depends on the method of service you choose. Our Canadian process servers recommend taking your time to carefully choose the service method that best suits your legal goals.

By keeping up with current legal changes and events, Process Server One`s Canadian process servers understand the best ways to expedite work and meet urgent deadlines. In addition to the emergency service, we offer informal delivery of your legal documents (which can save you months compared to formal service under the Hague Convention). The person serving the documents must take detailed and thorough notes about the name of the person served, the date, time and mode of service, and any other related details. This will help later when the person prepares an affidavit about the service. An affidavit is an affidavit or confirmed statement that tells the court who was served and when and how service was made. Where the document referred to in paragraph 1 is to be served, the Central Authority may require that the document be drawn up or translated into the official language or one of the official languages of the State addressed. For New Brunswick and Yukon, all documents must be written or translated into English or French. The Central Authority of New Brunswick or Yukon may reserve the right to require the translation of documents into English or French, depending on the language the addressee understands. The person served shall provide the party (regardless of the method of service) with a copy of the document. If more than one party is served, each party must receive a separate copy of the document served. For example, if you serve two parties at the same address by mail or courier, you must send a copy of the document in sealed envelopes addressed separately to each party. Complete an affidavit [Form 8A] for each party.

This process is called a regular service. Most documents fall into this category and these documents in a family court case can be served by you or someone who is at least 18 years old, or a professional process server. Same day service A same-day assignment is defined as any assignment where the client requests that delivery or submission take place on the same business day as the date the documents are received by the client. Orders submitted after 4pm and delivered the “next day” are considered “same day” service and applicable fees will apply. Rule 8.01 and the diagram in this manual can help you determine if the document you wish to deliver can be delivered by mail. As far as possible, the document shall be deemed to have been served on the 5th day following the date of dispatch. If you wish to serve a summons, it cannot be served under the Hague Service Convention and must instead be served under the Hague Convention on Evidence.