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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 02-09-2009, 10:38 PM
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Default Who Can File In Lieu of Party?

I'm wondering how to go about a particular predicament.

If a party listed on the court documents is unable to serve/file their papers for work-related reasons (e.g., not being able to take time off, or being away on a business trip) can they appoint someone to act on their behalf? (Someone who is not a lawyer, preferrably.) If so, how do they go about doing that (i.e. what form do they need to fill out)?

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Old 02-09-2009, 11:02 PM
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Absolutely!

Use a process server. The lawyers do it all the time. In Toronto, you can do an in the city serving for around $60.
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Old 02-09-2009, 11:06 PM
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Quote:
Originally Posted by dadtotheend View Post
Absolutely! Use a process server. The lawyers do it all the time. In Toronto, you can do an in the city serving for around $60.
Where do I find a process server?

Also, I recall reading somewhere that you can "add a party" to the court proceedings... How/Why would that happen? For example, can my fiance add me as a party to his case if he wanted to?
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Old 02-10-2009, 12:15 AM
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You do not have to add anyone in order to serve papers.
I have done so on many occasions for my new spouse to his ex's lawyer. All I had to do was obtain the affidavit of service from the court clerks and then once I had served them I had to go back to the clerk and have the form sworn that I had served them. Really is a simple process and they should help guide you through it. My piont being is that you can have just about anyone do this for you, or as mentioned in previous post you can pay too.
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Old 02-10-2009, 08:53 AM
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Thanks AtALoss. But doesn't my fiance have to swear/affirm the documents by signing them and having them endorsed at the courthouse in front of a court clerk prior to them being served? At least that is how we've been told it has to be done. He usually takes a day off to do it all in one shot - swear/affirm/sign, photocopy, serve, file - as it is a 1.5 hr drive to the courthouse, on a good day! But his work is starting to get annoyed with him always taking a day off, here and there, and he's worried that he won't be able to take a day off to sign/serve/file the papers especially if he has to take the day off a few days later to go to court. You know what I mean?
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Old 02-10-2009, 09:56 AM
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Yep, only the person can have the documents sworn or affirmed. If someone else is able to swear the documents in your spouse's town that would work better. It could be done on a lunch hour.

Notary Publics swear documents for a small fee and they are everywhere, just check your phonebook. That should alleviate the problem of missing work.

You could take the sworn affidavit etc. and serve it on the other side(by fax or in person etc.) the same day and file it in court for your spouse.

Or you could pay a process server to just serve the ex or serve the ex and file the documents at court once your spouse gets them sworn.

Good luck! I know the feeling, it takes an entire day to do it when there is material to file. It is so stressful too. My ex's lawyer's fax always seemed to be busy when I tried to serve him. I ended up going to the copy place around the corner from the courthouse instead of faxing from home as it was cheaper than driving everywhere.
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Old 02-10-2009, 10:02 AM
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Oh, I forgot to say that paralegals USED to be able to do this for family law. Paralegals have recently become licensed professionals in Ontario, and as a condition of licensing, they are barred from working in FAMILY LAW.
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Old 02-10-2009, 10:48 AM
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Bank managers, other lawyers, police officers, there are many that can do this. A call to the clerks may give you a list of some to consider. Explan your distance issues and they may be able to come up with alternatives for you.
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