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<blockquote data-quote="Wincenworks" data-source="post: 9244859" data-attributes="member: 7038835"><p>Perhaps I should clarify: There are exceptions, etc particularly with leave of the court - to allow someone to accept the papers on the parties behalf etc, but all of these still count as "service". It's also quite possible some states and counties have interesting ideas on how service works, but the Federal Rules of Civil Procedure are pretty clear on the matter.</p><p></p><p>There is also the option to have a John Doe defendant, who is either served with John Doe documents, or is served after their identity is discovered by the court - there is also the the possibility to sue someone and then add defendants later via service (with the leave of the court).</p><p></p><p>But what you absolutely cannot do, is leave someone's name off the civil papers - and then later pretend that they're also included in it because you served their spouse/home/etc.</p><p></p><p>Checking the NY Courts site, they have pretty strict rules of service which include the requirement to <em>not </em>issue service on a Sunday, to mail a copy of if a copy is left at your door, etc.</p><p></p><p>So it is extremely unlikely that the court will accept "well, we served him and then we served his mother... with an aka indicating his wife, who lives with him... so she's basically served by default right?" as an explanation.</p></blockquote><p></p>
[QUOTE="Wincenworks, post: 9244859, member: 7038835"] Perhaps I should clarify: There are exceptions, etc particularly with leave of the court - to allow someone to accept the papers on the parties behalf etc, but all of these still count as "service". It's also quite possible some states and counties have interesting ideas on how service works, but the Federal Rules of Civil Procedure are pretty clear on the matter. There is also the option to have a John Doe defendant, who is either served with John Doe documents, or is served after their identity is discovered by the court - there is also the the possibility to sue someone and then add defendants later via service (with the leave of the court). But what you absolutely cannot do, is leave someone's name off the civil papers - and then later pretend that they're also included in it because you served their spouse/home/etc. Checking the NY Courts site, they have pretty strict rules of service which include the requirement to [I]not [/I]issue service on a Sunday, to mail a copy of if a copy is left at your door, etc. So it is extremely unlikely that the court will accept "well, we served him and then we served his mother... with an aka indicating his wife, who lives with him... so she's basically served by default right?" as an explanation. [/QUOTE]
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