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Personal service of documents on attorney

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blog

Junior Member
TRCP 21a in Texas allows service to attorney of record in person

Every notice required by these rules, and every pleading, plea, motion... may be served by delivering a copy to the party to be served, or the party's ...attorney of record, as the case may be, either in person or...
If a copy of a motion is dropped off at the attorneys office and handed to a secretary, is this sufficient to effect service in person, and deemed served on that day?

The reason I ask is because if serve by fax, I have until tomorrow to do so, because of a rule in this instance adding an additional 3 days if served by certified mail or fax. If I can serve it personally, I have until Thursday to do so.
 


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Willlyjo

Guest
TRCP 21a in Texas allows service to attorney of record in person



If a copy of a motion is dropped off at the attorneys office and handed to a secretary, is this sufficient to effect service in person, and deemed served on that day?

The reason I ask is because if serve by fax, I have until tomorrow to do so, because of a rule in this instance adding an additional 3 days if served by certified mail or fax. If I can serve it personally, I have until Thursday to do so.
If the Attorney isn't there to receive the copy in person, you should hand it to the secretary AND mail a copy to the Attorney.
 

blog

Junior Member
Just need to know if personal delivery to a secretary in attorney office is IN ITSELF legally sufficient to establish service that same day.
 

quincy

Senior Member
Just need to know if personal delivery to a secretary in attorney office is IN ITSELF legally sufficient to establish service that same day.
See http://www.supreme.courts.state.tx.us/rules/TRCP/RCP_all.pdf and read through the entire Rule 21(a), Methods of Service. "A certificate by a party or an attorney of record, or the return of the officer, or the affidavit of any other person showing service of a notice shall be prima facie evidence of the fact of service."

Don't just hand off a copy of your motion to the secretary without obtaining a date and time stamped and signed receipt of delivery. You will want this proof of service.

Again, read through Rule 21(a).
 
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blog

Junior Member
...Don't just hand off a copy of your motion to the secretary without obtaining a date and time stamped and signed receipt of delivery. You will want this proof of service.
Thanks, Quincy.

Although Rule 21a is clear, the above was not. But it is now.

This presumably suggests a signature is also expected when handing document directly to attorney?
 

quincy

Senior Member
You never want to be in a position where it is your word against someone else's (even when that someone else is an attorney and attorneys are always trustworthy :)).

Just as mail should be certified or registered, you should demand a dated, signed receipt for a personal delivery. You want to be able to prove service was made should proof be necessary for some reason.

Good luck.
 
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Willlyjo

Guest
Thanks, Quincy.

Although Rule 21a is clear, the above was not. But it is now.

This presumably suggests a signature is also expected when handing document directly to attorney?
Your filed "Proof of Service" with the court regarding service of the motion should be sufficient to show that you actually served the document on the Attorney. ;)
 

quincy

Senior Member
Your filed "Proof of Service" with the court regarding service of the motion should be sufficient to show that you actually served the document on the Attorney. ;)
:rolleyes:

Again, blog, please carefully review 21(a).

I would not just hand off anything to the secretary. But, of course, you are welcome to take Willly's advice. I suggest you would be better off with an attorney's advice, however, and you may wish to seek out one in your area for advice and direction.

Good luck.
 
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Willlyjo

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:rolleyes:

Again, blog, please carefully review 21(a).

I would not just hand off anything to the secretary. But, of course, you are welcome to take Willly's advice. I suggest you would be better off with an attorney's advice, however, and you may wish to seek out one in your area for advice and direction.

Good luck.
Assuming the Op filed a motion with the Court, he must also serve a copy on the other side/Attorney. As with all such servings, there must be a "Proof of Service" filed with the Court. If you want to personally serve the Attorney and he isn't there, you best serve his secretary and then mail another copy of the motion to the same location the secretary was served and file the appropriate "Proof of Service" form with the Court that has such jurisdiction.

You don't need to get a signature from the secretary--the Proof of Service that gets filed telling the Court that you served the secretary and also mailed another copy to the same address, is plenty sufficient to document that the Attorney has been properly served.

Actually, you could probably satisfy the requirements listed in 21(a) by simply serving the secretary and filing the affidavit (proof of service) the Court requires, however, if it were me, I'd also send a copy on the same date you serve the secretary and note it on the proof of service.

This is pretty much the way 21(a) explains it should be done, Quincy.
 
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quincy

Senior Member
Assuming the Op filed a motion with the Court, he must also serve a copy on the other side/Attorney. As with all such servings, there must be a "Proof of Service" filed with the Court. If you want to personally serve the Attorney and he isn't there, you best serve his secretary and then mail another copy of the motion to the same location the secretary was served and file the appropriate "Proof of Service" form with the Court that has such jurisdiction.

You don't need to get a signature from the secretary--the Proof of Service that gets filed telling the Court that you served the secretary and also mailed another copy to the same address, is plenty sufficient to document that the Attorney has been properly served.

Actually, you could probably satisfy the requirements listed in 21(a) by simply serving the secretary and filing the affidavit (proof of service) the Court requires, however, if it were me, I'd also send a copy on the same date you serve the secretary and note it on the proof of service.

This is pretty much the way 21(a) explains it should be done, Quincy.
Thanks for telling me how it should be done. And what if the attorney says it was not received?
 
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Willlyjo

Guest
Thanks for telling me how it should be done. And what if the attorney says it was not received?
Actually, that happened to me! The "Proof of Service" or affadavit (Rule 21(a) speaks of) that is filed with the Court after service to the secretary, totally documents the fact that the Attorney has been properly served through the Attorney's agent (which the secretary is usually considered, for purposes as described in this thread and Rule 21(a)).

The Attorney could, in no way, claim that the document wasn't received, unless the Secretary was totally dysfunctional. In such a case, I'm sure that he could get another copy from the Court. The OP would not be required to do an additonal service upon the Attorney.
 

tranquility

Senior Member
While giving it to the responsible party of the attorney's usual place of business may very well be service, dictia on an older case might give the thought it is not "personal service" and I'd add an additional three days to the count.

Sgitcovich v. Sgitcovich, 241 SW 2d 142 - Tex: Supreme Court 1951
241 S.W.2d 142 (1951)
 
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Willlyjo

Guest
While giving it to the responsible party of the attorney's usual place of business may very well be service, dictia on an older case might give the thought it is not "personal service" and I'd add an additional three days to the count.

Sgitcovich v. Sgitcovich, 241 SW 2d 142 - Tex: Supreme Court 1951
241 S.W.2d 142 (1951)
Skimming over your cited case, I noticed that the person who was served, was not asked if she was authorized to be served with appropriate documents. Nor did she mention she was authorized to be served with such documents. It was found that she was not authorized. I didn't notice anything that said the lady was the Attorney's personal secretary, so it could very well be that service in the cited case was not proper.

In this case, a secretary to an Attorney is considered to have such authorization, however, a process server or any person serving papers upon an Attorney's secretary, would be better off asking the secretary up front if she is authorized to receive documents for the Attorney. If the secretary says she is not authorized, I would leave the documents and also mail a copy and make sure all the informaton concerning service was documented on the affidavit/proof of service. I have never heard of an Attorney's secretary NOT having such authorization, but that doesn't mean that it isn't possible for a secretary to an Attorney NOT to have such authorization.
 
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quincy

Senior Member
. . . . If the secretary says she is not authorized, I would leave the documents and also mail a copy and make sure all the informaton concerning service was documented on the affidavit/proof of service. I have never heard of an Attorney's secretary NOT having such authorization, but that doesn't mean that it isn't possible for a secretary to an Attorney NOT to have such authorization.
blog, I would not just hand the documents to the secretary (especially if the secretary says she is not authorized to accept them for the attorney).

I suggest you re-read Rule 21.

And you may wish to contact an attorney in your area of Texas for advice and direction.

Good luck.
 
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