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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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Out of curiosity, why does the order to enforce have to be

Resolved Question:

Out of curiosity, why does the order to enforce have to be served personally to me while most other orders are usually sent to my attorney?
Submitted: 4 years ago.
Category: Family Law
Expert:  Dave Kennett replied 4 years ago.
Dear XXXXXavanhoof - Whenever there is a court order that specifically requires that you do something from a personal nature then you must be served since your attorney cannot force you to do anything and if you fail to perform whatever it is then the court would not have jurisdiction to force your attorney to force you to perform. An attorney is authorized to accept general filings in cases that relate to matters related to civil procedure such as answers that are filed or court dates that are scheduled etc. But when the court issues something that requires you to act in a certain way or not to act in a certain way then you must be served with that order to enable the court to be able to enforce it.
Customer: replied 4 years ago.
So,the reason I wasn't served with the order requesting my mental health be evaluated also in the same day is because the court could enforce that order?
Expert:  Dave Kennett replied 4 years ago.
I have no idea why you weren't served with that specific order and since I do not have access to your entire file I cannot analyze the issue. If there is an order for an evaluation and you were not personally served and you fail to appear you may have an issue with proper service but if this was simply a routing order as part of the overall case then it is my opinion that the court can enforce it the same as they can enforce payment of child support or any other order that is not personally served upon you. It depends on the nature of the case and whether the order is something extraneous to the case itself. An order for an evaluation of this type is usually something that is ordered in child custody or visitation cases and if you refuse then the court can simply not give you custody or visitation rather than holding you in contempt for not attending the evaluation.
Customer: replied 4 years ago.
My attorney was notified by opposing counsel of two
Motions he filed a week ago! One I was served with was motion to enforce the other motion for
Mental health evaluation I only knew about because my attorney sent
Me a text message! So I assume the most likely reason,I wasnt served with one
Motion and was served with the other is because a motion to enforce I must personally be served and in general most other motions only My attorney must be notified. Am I wrong?


Expert:  Dave Kennett replied 4 years ago.
That is correct. In order to actually enforce the order you must be personally served.
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