Hey everyone, I submitted a motion for a special process server to serve a defendant by email since regular attempts by the sheriff didn’t work. The court accepted and stamped the filing. Does this mean I’m good to go with the email service using the eFile system?
Hey, I’ve had a similar situation before. The court accepting the motion doesn’t mean it’s granted yet. They usually need to issue an actual order before you can proceed with email service. Did you get an order with it?
@Joss
Ah, I didn’t get an actual order, just the acceptance and stamp. So I’ll need to wait on that, right?
@Joss
Yep, probably! You might want to check with the court clerk or review the docket to see if any ruling has been added. Better to be sure than assume.
It’s not automatic approval just because they stamped it. They’re usually pretty cautious with email service—gotta make sure it meets due process and all that.
Zephyr said:
It’s not automatic approval just because they stamped it. They’re usually pretty cautious with email service—gotta make sure it meets due process and all that.
Due process? What’s that mean exactly?
Zephyr said:
It’s not automatic approval just because they stamped it. They’re usually pretty cautious with email service—gotta make sure it meets due process and all that.
Basically, they need to be sure the defendant gets a fair chance to know they’re being served. With email, they’re just careful to make sure it’s still fair.
If your motion’s accepted but there’s no ruling yet, it might mean a wait. Sometimes they even set a hearing to discuss before approving special service requests like email.
Lian said:
If your motion’s accepted but there’s no ruling yet, it might mean a wait. Sometimes they even set a hearing to discuss before approving special service requests like email.
A hearing, really? Would they notify me if one was scheduled?
Lian said:
If your motion’s accepted but there’s no ruling yet, it might mean a wait. Sometimes they even set a hearing to discuss before approving special service requests like email.
Yep, usually you’d get notified if they need you there. Might be a quick check or instructions for the next steps.
Once they approve it, make sure to keep records of the email attempt. Courts often want proof you sent it and the defendant got it—email receipts, digital timestamps, that sort of thing.
Kirby said:
Once they approve it, make sure to keep records of the email attempt. Courts often want proof you sent it and the defendant got it—email receipts, digital timestamps, that sort of thing.
Good call! They might ask for those records if there’s any issue. Better safe than sorry .
Kirby said:
Once they approve it, make sure to keep records of the email attempt. Courts often want proof you sent it and the defendant got it—email receipts, digital timestamps, that sort of thing.
Got it, I’ll make sure to keep everything. Thanks for the heads-up .
So yeah, accepted filing doesn’t mean permission—just means it’s in the system now. You’ll need an actual order to go ahead with email service.
Lennon said:
So yeah, accepted filing doesn’t mean permission—just means it’s in the system now. You’ll need an actual order to go ahead with email service.
Thanks, that clears it up! I’ll follow up and wait for the order.