sandyclaus
Senior Member
What is the name of your state (only U.S. law)? Texas
Curious question came up, and I want to make sure whether or not my answer is correct.
It has been my understanding that a party CANNOT legally serve the opposing party in the case, and that service must be performed by a person over the age of 18 and who is not a party to the case. If a litigant is acting Pro Se, do the rules regarding service of process apply to for serving legal documents upon the opposing party? Wouldn't they need to have someone else do the service of process in order to avoid a potential conflict and protect the validity of the service?
I say even a Pro Se litigant can't serve their opponent. Someone else said they could, because the person is acting as their own attorney in the matter.
Who would be correct? Do you have a statute or reference to court rules that I can use for reference?
Curious question came up, and I want to make sure whether or not my answer is correct.
It has been my understanding that a party CANNOT legally serve the opposing party in the case, and that service must be performed by a person over the age of 18 and who is not a party to the case. If a litigant is acting Pro Se, do the rules regarding service of process apply to for serving legal documents upon the opposing party? Wouldn't they need to have someone else do the service of process in order to avoid a potential conflict and protect the validity of the service?
I say even a Pro Se litigant can't serve their opponent. Someone else said they could, because the person is acting as their own attorney in the matter.
Who would be correct? Do you have a statute or reference to court rules that I can use for reference?