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Author Topic: what's the rule to serve motion on other party?  (Read 3938 times)

spinner

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what's the rule to serve motion on other party?
« on: Jun 10, 2005, 10:00:17 AM »
ok so I got my motion and affidavit all done, I have the date with the court, ...

so now I have to serve it on the other party.

- what is the rule defining the number of days prior that I need to serve it on the other party?
- also can I just serve it by simple mail? do I file an affidavit of service by mail? anyone has a sample of the affidavit? do I need to file it or get another person to file it?, ....

I am going pro-se on this


lookingforhelp

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RE: what's the rule to serve motion on other party?
« Reply #1 on: Jun 11, 2005, 07:48:44 PM »
Hi Spinner!

Well I looked into your questions, and I found some samples of the forms you are asking about and information related to them at the website, http://www.divorceprofessionals.com/.  I think it will help you out.


I believe it is 20 days hand-delivered, and 23 days if mailed after the day it was sent off, and no, you can't file it yourself; someone else has to do it for you, and sign it.  

What we did, in the beginning of being pro se, we went to an attorney and had her look things over, to make sure everything was in order.

Also, just so you know, they can file a response up to 5 days before the hearing ( I think it's counted by business)  but in our case the judge has overlooked that rule in the past for both parties, just an fyi so you don't get "surprised" by a last minute filing on the other parties side (a favorite tactic to wait till the last minute so that you don't have enough time to respond to any allegations they might make.)

LFH

spinner

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RE: what's the rule to serve motion on other party?
« Reply #2 on: Jun 12, 2005, 07:24:20 AM »
Thanks a lot, I found the form, perfect


where could I find exactly the number of days ?
23 days is that busyness days or regular days ?

how could I get a definate answer on this ?

spinner

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oh I was wondering too?
« Reply #3 on: Jun 12, 2005, 07:44:02 AM »
can you have a friend do the mailing and the affidavit of service ?

or does it have to be a legal person ?

Sunshine1

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RE: oh I was wondering too?
« Reply #4 on: Jun 12, 2005, 02:08:11 PM »
A friend can do it.


spinner

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How can I find the rule for number of days calculation?
« Reply #5 on: Jun 12, 2005, 05:27:25 PM »
there is the 4th of July in there, ... is it 17 busyness days ?

Someone has the "rule" ?

Sunshine1

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RE: Here ya go...
« Reply #6 on: Jun 12, 2005, 08:25:31 PM »

Here is the MN rule:

You must arrange for the other party to receive notice of the hearing and complete copies of all documents you have prepared for the hearing. This is called "service of process." A party to an action is not allowed to serve the other party to the action. You must have someone else who is over the age of 18 serve the other party. The papers can be served personally (handed to the other party), or by mail.  The other party must receive the papers at least 14 days before the hearing.  Papers CANNOT be served on a Sunday or on a legal holiday.  If papers are served by mail, Court Rules require adding three days, so that papers must be postmarked at least 17 days before the hearing.

Lawmoe

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RE: what's the rule to serve motion on other party?
« Reply #7 on: Jun 20, 2005, 08:52:35 AM »
It must be served personally on the other party no less  than 14 days before the court date, not including the date of service.

For Minnesota information visit http://www.divorceprofessionals.com

spinner

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RE: what's the rule to serve motion on other party?
« Reply #8 on: Jun 20, 2005, 01:50:30 PM »
how about by mail?
17 days ?
sent by someone else?

 

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