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  1. #1
    Join Date
    Apr 2011
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    6

    Default Can an Opposing Counsel Serve a Motion On You at the Courthouse

    State of Wisconsin:

    Would it be considered unethical conduct for opposing counsel to personally serve the opposing party with a counter-motion in the hallway of the courthouse, mere moments prior a hearing? The attorney is not a process server, the opposing party lives out of state from where the hearing takes place, and the attorney who served the counter-motion did so claiming that her client nor the child support agency was in possession of the party's current address. This of course is a false statement, as both her client and the child support agency had the current address four months prior - and there is proof via the Statement received from the child support agency - showing the current address with a statement date of four months prior the incident?

  2. #2
    Join Date
    Sep 2010
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    6,649

    Default Re: Can an Opposing Counsel Serve a Motion On You at the Courthouse

    Service isn't about being sporting, it's about proving you were properly notified of the case. A courthouse is as good as anywhere else. Any adult resident of Wisconsin can serve process there.
    Handing it directly to you, no matter where you be, is valid personal service (provided the person serving returns their proof of service paperwork indicating that it has been done).

  3. #3
    Join Date
    Apr 2011
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    6

    Default Re: Can an Opposing Counsel Serve a Motion On You at the Courthouse

    If there were paperwork to go with the service - wouldn't the person being served have to sign the paperwork? There was no request for service, there was no paperwork - and the counter-motion was sent to the opposing counsel 5 days prior this incident. The opposing counsel merely handed the motion to my husband and that was that.

  4. #4
    Join Date
    Sep 2010
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    6,649

    Default Re: Can an Opposing Counsel Serve a Motion On You at the Courthouse

    There's no requirement the person being served has to sign anything.
    The person doing the serving makes an affidavit that they complied with one of the various forms of service that is allowed.

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