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Why Do E-Filings Get Rejected?

Even before the coronavirus outbreak, e-filing had become the increasingly preferred way for lawyers to file documents with the court. However, with concerns of COVID-19 infection remaining a persistent issue, e-filing has become even more important than before, and when done properly, e-filing can be both convenient and safe. However, if you are not careful, you can wind up having your e-filed documents rejected, and there are a few common reasons why that happens. Continue reading “Why Do E-Filings Get Rejected?”

New York to Resume (Mostly) Normal Service of Process Rules

For more than six months, New York has been operating under modified rules for service of process to accommodate the need to avoid the spread of the coronavirus. However, the Chief Administrative Judge for the New York Unified Court System has issued an order resuming normal procedures for service of process. This means that, with a few notable exceptions, the previous procedures are back in effect, although there are still provisions in place for minimizing in-person contact. Continue reading “New York to Resume (Mostly) Normal Service of Process Rules”

The Power and Consequences of a Subpoena

One of the more common documents involved in court cases is the subpoena, which is issued when a party wishes to obtain evidence or testimony from someone. For litigators, it is a useful tool, allowing them to collect evidence more easily from third parties by placing the power of the court behind their efforts. But what exactly is a subpoena, and what happens if someone fails to appropriately respond to one? Continue reading “The Power and Consequences of a Subpoena”

Report Uncovers Pattern of Failed Service in Eviction Cases

By law, everyone is entitled to service of process for any case in which they are a party. However, in a recent report, it was found that more than six hundred eviction cases in Washington, D.C. proceeded with significant service of process errors over the course of just two months in 2019. These errors may have prevented tenants from availing themselves of their legal rights, forcing them into a precarious situation that could have been avoided if they were properly served. Continue reading “Report Uncovers Pattern of Failed Service in Eviction Cases”

Is it Legal to Serve Process Through Social Media?

The growth of the internet and related technologies has made it easier for people to keep in touch with one another, but the law has been slow to embrace such technology, particularly social media. Nowhere is this truer than in service of process, where in-person service is still the preferred method, and even delivering service to someone living at the same residence as the defendant is considered inferior. And yet, under some limited circumstances, courts have permitted people to serve defendants through social media. Continue reading “Is it Legal to Serve Process Through Social Media?”

Five Ways Service of Process Might Be Defective

Service of process is one of the most crucial parts of any lawsuit, and ensuring it is done properly is essential to your case going forward. However, if a process server is careless, there could be a problem with service that could delay your suit. In a worst case scenario, you could even miss a crucial deadline that permanently prevents you from going forward with your case. Here are five ways your service of process might be defective: Continue reading “Five Ways Service of Process Might Be Defective”

Complications with Serving Process on Foreign Defendants

While it was once a rare problem, it is increasingly common for plaintiffs these days to be forced to deal with the complications of serving process on foreign defendants. This can become an issue when serving process against foreign corporations, such as in cases involving international commerce, or against individuals when they travel to the United States and commit a tortious act. Plaintiffs hoping to bring a lawsuit against foreign defendants should be mindful of these complications, or else risk losing their case based on procedural delays or errors. Continue reading “Complications with Serving Process on Foreign Defendants”