Your doorbell rings and you open the door only to find a process server or sheriff handing you court papers. You’ve been served.
Though there may be many thoughts running through your mind in this moment, it is best to stay calm and review the documents.
Often, an individual is served with an initial pleading, which can come in many forms including, but not limited to, a complaint, petition, or motion. Often, there are additional documents served with this initial pleading which can include a summons, financial statement, case coversheet, and/or discovery, among other things.
Additionally, an individual who is a third party to the litigation, a witness for example, may be served with a subpoena requesting documents, appearance at a deposition, appearance at trial or some combination of all these things.
You’ve Been Served – Now What?
The first thing to do is make a copy of what you were served with, so you have it in the event your originals become lost or damaged. A scan, photograph, or physical copies are all sufficient. It is important to have this so that you can refer to these documents and provide and/or show copies to others as needed (see below).
Next, read the documents. The summons will tell you the deadline to respond to the Complaint, petition, or motion that was served. Be sure to make note of that deadline as you will want to file any response no later than the stated deadline.
If you fail to respond by the deadline in a summons, the court can enter an order of default which can deprive you of the right to receive further notice of proceedings or other filings in the matter, i.e., the case can proceed without your participating and without you being informed of what is happening.
Though there are certain exceptions, the response deadlines are generally as follows if a resident is served in the following jurisdictions:
- Virginia: 21 days
- Maryland: 30 days
- District of Columbia: 21 days
Similarly, if a subpoena is served, carefully review and ascertain what the subpoena is compelling, e.g. production of documents, attendance at a deposition, attendance at a hearing or trial, or a combination of these things. In Washington, D.C., Maryland, and Virginia, a subpoena requesting documents is a subpoena duces tecum.
Other subpoenas are witness subpoenas which compel an individual or entity to appear at a deposition, hearing, or trial. Make careful note of dates for compliance set forth in the subpoena.
Have an Attorney Review the Documents
The next step is to reach out to a family law attorney and provide them with the documents.
Time is of the essence as an attorney will need to review the documents and gather information from you to understand the facts, circumstances, and your involvement in the pending matter, as well as to formulate a response.
Further, the lawyer will also want to prepare any procedural motions or filings in response to the initial pleading and/or subpoena as applicable. Note that all this needs to occur and be finalized within the applicable response deadline.
In addition to filing a response to the documents served, it may be appropriate for an individual to file their own pleading, e.g. a counterclaim, motion or petition. This filing will set forth the relevant facts and circumstances and affirmatively request relief from the court on behalf of the filer. It is important to file such pleadings in a timely manner based on the applicable rules and laws in your jurisdiction.
Being served can be a stressful and confusing event. An experienced attorney can help successfully navigate this process.
For more information related to getting served with documents related to a family law case, contact Lynette at 301-841-0193 or lkleiza@lerchearly.com.
