Category Archives: Service of Process

What To Wear To Court (not Pajamas)

If you are reading this, you likely have a court date on the horizon and aren’t sure how things work – including what to wear. It is good you are already getting ready for your court date and working on being prepared.

Different courts have different rules, but across the board, it is important to dress appropriately and in a way that indicates your respect for the court.  If you are not attired properly, the bailiff (the court officer) could ask you to leave the courtroom until you have corrected your clothing issue. For example, in most courts, you are not allowed to wear hats, halter tops, midriff shirts, untucked shirts, low hanging pants or other attire that shows too much skin or just is too casual for the courtroom.

pajamasA Clerk of Court in Pennsylvania recently had signs posted in the court room indicating that pajamas are not appropriate court attire.  Really!  Pajamas!  You would think that would be obvious “what not to wear” but clearly, in that courtroom, it had happened one too many times.

So, what do you wear? You don’t have to wear a suit, but being tidy and presentable is always a good idea. Men can safely dress in slacks and a button down shirt. Ladies can wear the same or a skirt (make sure it is knee length or just above – no mini-skirts, please).

Again, the overall tone is to show the court respect both by your actions and your attire.  Just keep the pajamas at home and you should be fine.

T. Leigh Hearn-Rushton

See the no-pajama article by clicking here.

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Filed under Court, Family Law, Litigation, Service of Process

Dear Facebook. I want a divorce!

You may have started your relationship online but can you end it that way too? Yes, in New York, a woman served her soon-to-be former spouse with divorce papers via facebook.

facbook messages images

Here in Tennessee, one is typically “served” in person, through their attorney, or by leaving service of process with a person of suitable age and discretion who lives with the Defendant. Note that service of process procedures can and do differ by state. After all, one needs a head’s up if your spouse is divorcing you or you have some other pending legal action against you.

But what if you can’t find you former flame or even where they live? See the article below for a woman who found herself in this position for a number of years. The only thing she did know was that her husband regularly checked facebook.

Last year, a New York court allowed her to achieve service of process for a divorce by sending the documents via facebook. The social networking site even documents if the message was read and at what time. Imagine opening your facebook private messages to find you are being sued for divorce. It is taking “You got Served!” to a whole other (electronic) level.

Is service of process for a lawsuit by facebook the coming norm?

Unlikely. Service, even through a process server, is to ensure one has personal notice of a pending legal action. The key words here are “personal” and “notice”. Our system is designed to ensure you have adequate and proper notice of the legal action so that you can prepare a defense and/or otherwise address the issue at hand.

Again, in most cases and states, while this type of service won’t be accepted anytime soon, it is a little something for you to think about the next time you check your fb inbox….

See Washington Post Article here.

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Filed under Civil Procedure, Family Law, Service of Process