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Procedure For Serving Court Papers

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  • 12-28-2006, 06:22 PM
    MNDad01
    Procedure For Serving Court Papers
    i am currently involved in a court case with my ex girlfriend over our 4 year old in olmsted county, mn.

    i filed a request for help to resolve parenting time problem and our court date is jan 2nd. i do not have a lawyer, the mother does.

    my question is regarding the procedure for serving papers. in the packet that i got from the court house explaining how to fill out and serve the papers it says:
    "To personally serve the other party, follow these instructions:
    1. The server hands the other party one copy of the completed Resonsive Notice of Motion and Motion form ... "

    today i was out of town and received a phone call from the mother telling me that she and her friend were at my house to serve me papers, but i was not there so she just left them in the mail box.

    is that correct procedure? is there anything i can do or say in court about her not following the correct procedure and just throwing them in my mail box instead of actually handing them to me?

    at the beginning of the packet it says that the minnesota rules of practice require that a person who represents themselves without an attorney be held to the same standard as if they were represented by an attorney. so i have been researching everything and making sure that i follow these instructions EXACTLY. not only does she HAVE a lawyer, but she's still not doing things right.

    i looked at what she served me and im not to worried about it, even though she did actually lie in some of it. it also states in the intructions that "the court will ignore your response if you do not serve and file the responsive papers on time." she did serve the papers on time, however she did not serve them in the correct way.

    how do i go about making an issue of it? how do i notify the court that they were not handed to me directly, but put in the mailbox? do i do this in court on jan 2nd or before? what would happen?

    thanks for any help!
  • 12-29-2006, 08:21 PM
    Mr. Knowitall
    Re: Procedure For Serving Court Papers
    What papers was she trying to serve? If it's an answer to your motion, she doesn't have to use a process server.
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