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If you've ever had a folder of legal documents show up unexpectedly as process service, you know that it can be a somewhat frightening and nerve-wracking situation. Someone you don't know can come to your work, house or elsewhere to hand you legal documents. These legal documents can be for both civil and criminal cases. They can come as a surprise, can be something you forgot, or can be expected, as in some cases of litigation, criminal charges or divorce.
We want to go over some of the types of legal documents you can be given in a little more detail in our attempt to ease your fears.
Hopefully, your experience is expected and starts with a visit from a courteous constable like those at business law springville ut. These servers are usually hired by the prosecutors or the party filing suit, and they have to offer timely service completed legally and professionally. They should give you what the law requires, too: the same on-time delivery, no illegal intimidation and lawful delivery.
Broadly, here are the some of the types of legal documents you could be handed by a constable:
Summons: Whether whether it's a felony, misdemeanor, tort or otherwise, a summons is an order for you to show up in court before a judge or jury. These should always state a date and time on which to appear. If you don't show up, you can either be charged with contempt of court or can lose the civil case as a "non-responsive party".
Subpoenas: These fall under separate rules from complaints and usually have to be signed off on by a court clerk. They are a kind of summons, but they mean you have to appear as a witness, require you to present documentary evidence or make you attend a deposition. These are often served between lawyers rather than to you personally, but not responding can mean contempt charges or a forfeiture of your claims and a judgment against you.
Small Claims Summons: Cases with just a little money involved often come from small claims courtas the first notice of the lawsuit. These often mean you have to make the debt right with the issuer or go see a judge. If you don't, you will likely have a judgment entered against you on your credit report.
Petitions: This kind legal pleading begins a case, but asks for non-monetary or equitable relief such as a Writ of Mandamus (an order to do or forebear from doing something) or Habeus Corpus (a request for an arrested person to hear the charges against them These can also be served in court cases such as those regarding child custody and probate.
Indictments: These criminal filings are served after a grand jury, led by a prosecutor, gathers to consider a criminal case. A grand jury, like a regular jury, is made up of peers but the proceedings are kept confidential, even from the defendant. This special jury decides whether the prosecutor has enough evidence to charge you with a major. Without one of these decisions, the most serious cannot be prosecuted. Indictments will be served to you or your attorney.
Complaints: A complaint is a kind of legal document, usually civil, and is generally the first kind of legal document filed in a case. If you are handed a complaint, it means you are the defendant in a lawsuit. Criminal complaints are more severe than citations but often less serious than indictments.
Civil Summons: This legal call to court comes with an exact time and date when you should appear. It is separate from a simple filing informing you of the legal proceedings. These can be given by a constable in many kinds of civil cases, including family law ones.
Citation: These relatively minor summons are given, most often, by law enforcement, so aren't really process serving. The most common citations, including tickets for drinking, smoking or trespassing in specific places, often require that you respond in court or pay fines by a specified date. Accepting one of these is not an admission of guilt but, instead, a promise to appear. If you don't show up, it can mean immediate findings of fault and exponential fines and court fees.
Administrative Summons: These are sent by the federal tax collectors at IRS and are part of making sure everyone follows the tax laws. These summons require the receiving party to appear before a tax examiner and offer verifying documents. This is set aside as the last step in an IRS investigation.
Two U.S. Constitutional Amendments guarantee the right to due process in legal matters. Many other countries around the globe also protect the right for due process and have process serving rules. If you are bringing suit, it's vital to your case to get process documents served properly. If you are on the other side, it's just as vital to follow the complaint, summons or subpoena or you could be charged with contempt. Process serving may be an intimidating and unpleasant experience, but it's necessary under our system of law.