To understand why this is important, it’s necessary to examine how most civil cases operate. Papers are served by a plaintiff (the person suing) on a defendant (the person being sued.) Once the papers are served there is a time period for the defendant to answer. If the defendant fails to answer in time, the plaintiff can take a “default” judgment, where the court could award everything the plaintiff asks for because the defendant didn’t show up. That’s why evidence that either the defendant was actually served or that every legally required way to advise the defendant of the lawsuit has been utilized.
Process servers play a very important role, protecting the fundamental rights of due process in notifying a defendant that an action is being served against him. It would be an unconstitutional violation of a person’s due process rights to take a person’s property due to a lawsuit that he didn’t even know about.ġ787 – The Constitution of the United States of America Courts have held that notifying a defendant by mail does not adequately protect their rights as the letter could get lost in the mail, or be opened by new occupants at a dwelling who didn’t inform the post office that the defendant had moved. The 14th Amendment to the Constitution states: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States nor shall any State deprive any person of life, liberty, or property, without due process of law nor deny to any person within its jurisdiction the equal protection of the laws. The specific process is not specified, as that responsibility is left to the Congress and states to pass laws, the President to approve those laws and the courts to interpret them.
#ASCENSION PARISH SHERIFF SHOOTING RANGE CODE#.
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