Blue-backs...

Posted by Lewis on September 09, 2004

In Reply to: Blue-backs... posted by Lotg (OZ) on September 09, 2004

: : :
: : : : A guy who serves divorce papers adn subpoena "and such"?????

: : : : such as ...?

: : : : thank you

: : : He is a process server. In America -- I'm not sure about elsewhere-- many legal documents must be placed directly in the hands of the concerned party. These documents are often called "blue-backs" because the last page is blue. If you see much american television, you will notice all the blue-backs being passed from process servers to attorneys. Such as motions, writs, and legal notices.

: : 'Personal service' is the subject of quite a few myths - it is not necessary to touch somebody either directly or with the papers. all the process server must do is to draw attention to them and leave them.

: : I knew a guy who got a bit carried away - he fancied himself as the right kind of person to be a process-server and he tagged along when the process server wanted to look 'protected' - he was serving papers evicting some drug-dealers.
: : they arrived and the dealer opened the door - the process server said 'these are for you' and left them on the hall table - job done.
: : the dealer makes a remark, so the wannabe grabs the papers from the hall table - grabs the dealer and rams him up against the wall one-handed and
: : with the other hand rams the papers inside the guy's shirt: "You're served...!" I don't remember how exactly he described the dealer, but it wasn't complimentary and may have described an inappropriate relationship between the dealer and his female parent.
: : Point is - leaving the papers was enough - the rest was just entertainment.

: I may be wrong, cos I'm pleased to say it's not something that happens to me often - hehe, but I'm pretty sure in Australia the process server does have to actually serve someone. eg. a husband, wife, flatmate, etc. will do, but I'm pretty sure they can't just 'leave it'. They have to be able to state that they actually handed it to someone. Otherwise, I think if it went to court, the intended recipient could simply deny ever having received it or seen it - eg. it could be blown away in the wind.

As Australia is a common-law jurisdiction based upon the English legal system, it is probable that the same historic rules were used. what is required it that somebody gives the papers to somebody - but that does not require that the served person handles them. it is good service to say 'these are for you', offer them and if refused to leave them. what the court requires is that the papers were made available and brought to the attention of the person to receive them. handing them over is easiest, but not the only way.