Legal Question in Civil Litigation in California
Can the Plaintiff decide the standards for service in Federal court
I am in an adversary proceeding in Federal Court as part of a bankruptcy. I am also Pro Se.
The Plaintiffs attorney is claiming that under FRCP rule 4 they get to choose what standard is used for service and they have chosen the California standard. It wouldn�t be a big deal, except the CA. standard is 5 days extra for mail service and the Federal is 3 days. They are using this to say that every discovery request I have sent has defective and untimely service and is invalid because I did not allow 5 extra days, only 3.
They also state that 2 requests I had served by personal service to the address the attorney has on every document and is the address listed with the court is only his mailing address and not his office. The place is a Mail Boxes Etc. store and the person there did accept the documents on behalf of the attorney from the person doing the personal service. He has never said until after the personal service that that was only a mailing address. and on the proof of service it states:
Personal Service - By leaving the documents with the following named person(s) or an officer or agent of the person(s) at:
Am I wrong that service was correct and the federal standards apply as the action is in federal court
1 Answer from Attorneys
Re: Can the Plaintiff decide the standards for service in Federal court
They are playing with your head. As far as I know the 3-day rule applies; and you are perfectly within your rights to personally serve the attorney at his address of record. For extra credit Google [commercial mail receiving agency].
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