Deadlines, Dies Non Juris and GPS Certification

Deadlines, Dies Non Juris and GPS Certification

Deadlines

Most states have a deadline for completing service of process after the summons and complaint have been filed. In New York, for example, almost all cases must be served within 120 days of filing, and Hawaii state circuit courts require service in a civil lawsuit to be effected within six months of commencing suit.

Dies Non Juris.

Some states make it illegal to deliver or serve documents on Sundays, holidays, or election days (dies non juridicum). However, in exceptional circumstances, some states will allow document service. One such instance is when process is served in accordance with a court order.

Service of process cannot be performed on Sundays in Florida (unless by court order), Maine, Massachusetts, New York, Rhode Island, South Dakota, Tennessee (unless by court order), Texas, Virginia, or West Virginia, according to various laws. It is also not permitted to be performed on election days, at places of religious service on Sunday in Michigan, or on Minnesota holidays. Finally, in New York, process cannot be served on a person who observes Saturday as a holy day.

GPS certification

The City Council of New York passed a bill toughening rules for entities that track downpeople and serve legal papers on them, including a requirement that they electronically log every attempt.

The legislation also ensures that dishonest process servers who dump papers instead of serving them — a practice known as “sewer service” — may be held liable if the people they were supposed to serve later sue them.

Process servers must now pass an exam to demonstrate their understanding of the law under the new legislation. They must also use a GPS device to electronically log their attempts to serve papers, and keep those records in a database for seven years.

 

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