Page 2 of 2 FirstFirst 1 2
Results 11 to 16 of 16
  1. #11
    Join Date
    Apr 2019
    Posts
    23

    Default Re: What Penalty for Defending Not Serving by Rule of 5 and 25

    Based on FRCP 5 (a) (1)(D), Defendant should sever Plaintiff when it filed a motion to court, right? If he did not, what is the penalty?

    Based on FRCP 25 (C), Defendant sold its business, transfer of interest, the motion must be served as provided in Rule 25(a)(3), right? If he did not, what is the penalty?

  2. #12
    Join Date
    Oct 2016
    Posts
    3,021

    Default Re: What Penalty for Defending Not Serving by Rule of 5 and 25

    What makes you think there is a penalty in either case? And what do you mean by "penalty"?

    Do you think there is a fine or something similar? If so there isn't.

  3. #13
    Join Date
    Oct 2014
    Posts
    7,288

    Default Re: What Penalty for Defending Not Serving by Rule of 5 and 25

    Quote Quoting worldfg
    View Post
    Based on FRCP 5 (a) (1)(D), Defendant should sever Plaintiff when it filed a motion to court, right? If he did not, what is the penalty?
    The defendant needs to serve the plaintiff with a copy of the motion the defendant filed. If the defendant fails to do that, the court has several options for remedies depending on the motion that was filed and the circumstances, which can include simply denying the motion.

    Quote Quoting worldfg
    View Post
    Based on FRCP 25 (C), Defendant sold its business, transfer of interest, the motion must be served as provided in Rule 25(a)(3), right? If he did not, what is the penalty?
    Again, the court has several options for remedying the problem, depending on the circumstances.

    Note that the goal of the court in dealing with problems in filing complaints, answers, and motions is to ensure that the parties get a fair process, not to punish people. For some things the consequences are set in the rules and in some cases are pretty severe, but for a lot of things it is up to the discretion of the judge as to what will best serve the goals of ensuring a fair process and expediting litigation.

  4. #14
    Join Date
    Jul 2018
    Posts
    1,395

    Default Re: What Penalty for Defending Not Serving by Rule of 5 and 25

    Quote Quoting worldfg
    View Post
    Based on FRCP 5 (a) (1)(D), Defendant should sever Plaintiff when it filed a motion to court, right?
    I'm going to guess you meant "serve," not "sever." That being the case, FRCP 5(a)(1)(D) states that, unless otherwise provided in the FRCP, "a written motion, except one that may be heard ex parte," must be served on every party. Keep in mind that, in federal civil litigation, filing and service are accomplished by uploading the papers on the electronic case filing ("ECF") system at the court's web site. Is there some reason why you are unable to be served via the ECF such that the adverse party needs to effect service in some other way? If so, you need to look at the local rules for the unidentified district in which your case is pending.


    Quote Quoting worldfg
    View Post
    If he did not, what is the penalty?
    I'll address this after you answer the questions I've asked.


    Quote Quoting worldfg
    View Post
    Based on FRCP 25 (C), Defendant sold its business, transfer of interest, the motion must be served as provided in Rule 25(a)(3), right?
    This doesn't make much sense. In my prior response, I prompted you about this, but you need to explain what "sold its business" means and why it has anything to do with your lawsuit (the nature of which you haven't explained).

    That said, FRCP 25(c) states as follows: "If an interest is transferred, the action may be continued by or against the original party unless the court, on motion, orders the transferee to be substituted in the action or joined with the original party."

    What interest was transferred in your case, and how does it impact the litigation? You seem to be claiming that someone made such a motion and that you didn't get served with it. However, you know that the motion was made, so how did you find out about it if you weren't served? Did you file an opposition? If so, on what basis? Has the court ruled on the motion? If so, what was the ruling?

  5. #15
    Join Date
    Apr 2019
    Posts
    23

    Default Re: What Penalty for Defending Not Serving by Rule of 5 and 25

    Fair process? I wish I could have one. What is the Rule I can use to against Judge's unfairness and/or discrimination to the Plaintiff Pro Se?

    I have the paid PACER account to check the court filing. However, Judge denied my application for access ECF. I have to mail or personal deliver the filing to the court while Defendant can use ECF. If I did not use PACER, I would not know what Defendant filed.

  6. #16
    Join Date
    Jul 2018
    Posts
    1,395

    Default Re: What Penalty for Defending Not Serving by Rule of 5 and 25

    Bottom line: if you weren't prejudiced by a failure to serve something, then there's no remedy. If you were prejudiced, then your remedy is to seek reconsideration.

    1. Sponsored Links
       

Page 2 of 2 FirstFirst 1 2

Similar Threads

  1. Drunk and Impaired Driving: Limitations on Serving Sentences
    By Barq in forum Drunk and Impaired Driving Charges
    Replies: 1
    Last Post: 07-15-2011, 07:31 PM
  2. Denial & Appeals: Unemployment Penalty Weeks Extended After Appeal to Waive Penalty Weeks Was Denied
    By brownd22 in forum Employment and Labor
    Replies: 2
    Last Post: 01-02-2011, 03:28 PM
  3. Serving the Other Party
    By asdf123 in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 11-12-2008, 04:40 AM
  4. Eviction Process: Process Serving
    By Minnow in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 10-04-2008, 06:44 PM
  5. Serving Someone in California
    By peacekit in forum Orders of Protection
    Replies: 1
    Last Post: 11-21-2007, 08:43 AM
 
 
Sponsored Links

Legal Help, Information and Resources