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Service of court documents

Introduction

You must give copies of most court documents to the other parties in your court case. If someone is starting a court claim against you, you have a right to be given a copy of the claim. The Rules of the Small Claims Court is the law governing who, when and how you must distribute the court documents that are a part of your case:

  • It is important that certain "parties" (the people or businesses named in your case) get copies of your court documents.
  • All the parties in the court case have to be "served" (given) copies of the documents.
  • It is important to follow the rules for serving documents.
  • You can serve Small Claims Court documents yourself, or you can arrange to have someone else serve them such as a friend, a process server, or an agent.
  • There are timelines for serving documents that you must meet.
  • You must keep a record of when, how and to whom you served the documents, and you must file that record with the court - this is called an Affidavit of Service [Form 8A].
  • If you don't follow the rules for serving documents, your claim may not proceed and/or your evidence may be excluded.

Learn more

  1. Decide if your legal problem relates to serving documents for a Small Claims Court matter.
  2. Read Frequently Asked Questions (FAQs) to learn more about service of documents in Small Claims Court.
  3. Follow the Steps for instructions on serving documents in Small Claims Court.
  4. Review the Resources to find new and in-depth legal information about your problem.
  5. See the Links for news and other helpful websites.

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DisclaimerLast updated 07/30/2009