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Susan Munroe, a public affairs and communications professional, has lived and worked in Canada for more than 30 years. Updated September 27, This can be a home address or work address. Sometimes people can be served even if you do not know where they live or work, as long as you have some other way to find them. Talk to court staff if you think this might work in your case. The other person has to be given notice of your application in order for the matter to proceed.
Your matter will be delayed if the other person is not properly notified of the court proceeding. It is important for you to provide the appropriate information about how the other party can receive notice of the application from the start, so that there are no delays. It may seem frustrating to have to get this information, but it will help your matter to proceed more smoothly.
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In some cases, the court may be able to help you find an address for the other person, but only if you have tried to find an address first. This is a last resort, because the court may not always have access to this information, or the information the court may have access to may be out of date and not helpful.
There are a number of things you can try to find an address for the other person.
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They can include:. The other person in the proceeding can be served through their lawyer by giving the lawyer the documents if you are sure that the lawyer is representing the other person in THIS proceeding. You should check with the lawyer to make sure that they are representing the other person, unless the matter is already before the court and the lawyer has told the court that they are representing the other person now. When personal service is required, this means that someone has to hand-deliver a package of documents directly to the person being served.
Personal service cannot be done by mailing documents to someone, or using a courier, fax, or registered mail. If the person being served has a lawyer, that lawyer may accept service for their client.dswijaya.com/putas-y-maduras.php
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You should check with the lawyer to make sure they will accept service of the documents. This also means that neither of you can serve documents relating to your file on a third party. For example, if you are going to court and need to serve a subpoena on a witness, you cannot serve the subpoena yourself. In Nova Scotia, anyone over 19 who is not a party to the file not named on the file , and who can read and write, can serve documents.
This means that you can get a friend or family member to do the service. However, it is best to get someone completely unrelated to you or your file to do the service. Getting a friend or family member to do the service puts them in the middle of your dispute, and can put them in danger if there is a risk of violence from the person being served. Getting a friend or family member to do the service may also raise concerns for the judge dealing with your file.
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If the judge has concerns about whether the personal service was done properly, this can cause problems for you. For example, you may have to arrange to get the documents re-served.
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It is recommended that, where possible, you hire a professional process server to do any personal service required for your file. Professional process servers may also be called 'bailiffs.
Every process server will set their own fees, and how much you have to pay will depend on things like:. Check with the process server to make sure this is something they deal with. Sometimes the court can ask Sheriff Services to help with personal service, free of charge. This service is not always available in every court and may be different in each court site. Some courts need 6 - 8 weeks to do this work, and they may only be able to attempt service a limited number of times.
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This may mean that their ability to serve the other person is limited and could slow down your court process. The court cannot guarantee that the Sheriffs will be able to have the documents served for you. Talk to court staff about this option. Yes, you can hire someone to do this work. They are called bailiffs or process servers. Their numbers are found in the Yellow Pages or on the Internet.
You will have to pay for this service. Bailiffs charge their own fees based on the amount of time it takes to serve the person, and the travel costs involved. For example, you may have to re-serve the documents. It is recommended that, wherever possible, you hire a professional process server to do any personal service required for your file. If the person being served has a lawyer who works nearby, you can often serve the documents on the lawyer check with the lawyer to make sure they will accept documents for their client.