Wednesday, March 26, 2014

Parsing CR 5.02 - Obsessive If Not Compulsive

Doing this helps me understand all the possible variations and it allows me to be grateful that life is usually not as complicated as it could be. Civil Rule 5.02 provides:

Whenever under these rules service is required or permitted to be made upon a party represented by an attorney, which shall not include a warning order attorney, the service shall be made upon the attorney unless service upon the party is ordered by the court. Except as provided in paragraph (2) of this rule [email or fax service], service upon the attorney or upon a party shall be made by delivering a copy to the attorney or party or by mailing it to the attorney or party at the last known address of such person; or, if no address is known, by leaving it with the clerk of the court. Service is complete upon mailing unless the serving party learns or has reason to know that it did not reach the person to be served. Delivery of a copy within this rule means handing it to the attorney or to a party; or leaving it at the office of the attorney or party with the person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed or the person to be served has no office, leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein.
Spread out, it looks like this:

To whom served:

  • Service upon the attorney representing a party. The rule.

  • Service upon a party even though represented by an attorney. The exception, only by court order.

  • Service upon a party not represented by an attorney.

Method of service:

  • Service by mail to party or attorney's last known address is, "complete upon mailing unless the serving party learns or has reason to know that it did not reach the person to be served."

  • By "leaving it with the clerk of the court" if no address is known.

  • Service by hand delivery to party or attorney personally.

  • Delivery to the office of the attorney or party by leaving it with "the person in charge thereof."

  • Delivery to the office of the attorney or party by leaving it "in a conspicuous place therein" if there is no person in charge of the office.

  • Delivery to the person's residence (dwelling house or usual place of abode) and leaving it with "some person of suitable age and discretion then residing therein."

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