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You raise an interesting question. The only issue about where one is served is to be sure the server is not illegally in a place. This does not usually happen -- but if it does, there are trespassing or other criminal concerns (breaking and entering, etc -- you get the idea). Another possible concern is violating a restraining order. But these are more unusual instances. As for the legitimacy of service, service is not deter
the legitimacy of service is not determined by the place, but by the actual notice the service provides. In you hypothetical, if someone is at the courthouse, and is properly served then service is effected for due process purposes.
In essence, this question requires 2 analyses:
(1) whether the person was effectively served with the papers and (2) can the process server get arrested for being someone without legal authorization. Part 2 has no effect on the legitimacy of the service -- but can be unpleasant for the process server if he or she gets arrested!
I wish you all the best for resolution in this matter.
I'm sorry but your answer was complex. Let me simplify my question. Can my friend legally serve papers to my ex at the courthouse (not in court), but rather in the hall or waiting area, etc. of the courthouse. Please provide a basic response of yes or no. Thank you
Yes, if he is legally in the courthouse.Otherwise he can be arrested. You can serve papers anywhere.
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