serving someone a subpeona by throwing it in their car

This is a discussion on serving someone a subpeona by throwing it in their car within the Civil Litigation forum, part of the ATTORNEYS, COURTS, LITIGATION category; United States of America State: California When serving someone a subpeona are you allowed to serve them by throwing it ...

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Old Sep 26th, 2009, 12:35 PM   #1
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Default serving someone a subpeona by throwing it in their car

United States of America
State: California

When serving someone a subpeona are you allowed to serve them by throwing it at their car while they are driving?
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Old Sep 26th, 2009, 03:26 PM   #2
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Default Re: serving someone a subpeona by throwing it in their car

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United States of America
State: California

When serving someone a subpeona are you allowed to serve them by throwing it at their car while they are driving?
It depends.

If the server clearly knew the identity of the person they were serving, and the person being served knew they were being served, but drove away to avoid acceptance of the papers, then yes. It would be considered a valid service.

Just because they didn't want to take what was being handed to them doesn't make the service invalid. The intended person received the papers - that is all the court will look at.

Last edited by sandyclaus; Sep 26th, 2009 at 03:28 PM. Reason: Corrections
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