QUESTION
Can the other party's attorney be served instead of the actual individual?
Asked on Oct 13th, 2011 on Child Custody - California
More details to this question:
Can the other party's attorney be served instead of the actual individual?
14 ANSWERS
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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Attorneys cannot be served with an initial divorce, only with a counter claim for divorce or motions filed during a divorce.
Answered on Oct 18th, 2011 at 10:28 AM
Business Law Attorney serving Livonia, MI
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AAAA Legal Center
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Technically the opposing party must be served. However, the other party can agree to accept service.
Answered on Oct 18th, 2011 at 10:26 AM
It depends. If your spouse has an attorney, and if that attorney has filed a notice of appearance, then, most items can be sent to the attorney rather than to your spouse. However, there are certain things that almost always have to be served on the other party and not the attorney - things like the original summons and petition and an order to show cause for contempt all, generally, have to be personally served.
Answered on Oct 17th, 2011 at 3:29 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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Only if the other party's attorney is authorized to accept service.
Answered on Oct 17th, 2011 at 3:05 PM
If the attorney is willing to accept service on behalf of his/her client then the answer is yes. If not, there are other methods of getting a person served.
Answered on Oct 17th, 2011 at 2:52 PM
Glen Edward Ashman
Generally, no, unless the lawyer agrees.
Answered on Oct 17th, 2011 at 2:34 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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Yes, but only if the attorney agrees in writing to accept service on behalf of his or her client.
Answered on Oct 17th, 2011 at 2:12 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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That depends on what is being served, what the rules are in the state you live in, and whether the attorney is authorized to accept service for his client. If you are referring to the initial service of papers to start the case, the other party's attorney is not "of record" in the case yet so, technically, the other party doesn't have an attorney.
Answered on Oct 17th, 2011 at 1:56 PM
Divorce Attorney serving Little Rock, AR
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Law Office of Kathryn L. Hudson
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Once litigation begins a party that is represented by counsel must be served through their attorney.
Answered on Oct 17th, 2011 at 1:31 PM
Yes, if the other attorney agrees to accept service and file an affidavit with the court stating they accepted service on behalf of their client. Then, they must file an answer.
Answered on Oct 17th, 2011 at 1:24 PM
Contract Negotiations Attorney serving Miami Lakes, FL
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Florido & Associates, P.A.
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If the parties agree that the Attorney may accept service.
Answered on Oct 17th, 2011 at 1:23 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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It depends where you are in the process and what you are serving.
Answered on Oct 17th, 2011 at 1:13 PM
Family Law Attorney serving Knoxville, TN
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Patel & Eisenhower, PLLC
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This depends on the situation. The initial complaint must be served on the individual unless his/her attorney has given prior consent to accept service on the individuals behalf. Once the initial complaint has been filed and the other party has retained an attorney most pleadings will than be served on the attorney.
Answered on Oct 17th, 2011 at 1:00 PM
Patricia C. Van Haren
If the attorney agrees to accept service on behalf of the person, then they may be served. Additionally after the initial documents have been filed, you must serve the attorney except for documents which must be personally served.
Answered on Oct 15th, 2011 at 2:51 AM