Q: Can a person that was names as a witness in a case serve response papers to a custody case in family law
There was a person named in the declaration as a witness in a case that dropped off response to custody case to a person that doesn't reside at the home and is of no family relation to the plaintiff. Is that considered a legal form of service? Also the respondent to the case has a person that us named in the case as a witness are they aloud to be the respondents advocate. The advocate also wrote false statements and time frame of everything in statement is all wrong they're putting wrong dates and dates that the plaintiff was at the residence when the plaintiff was not around for
A:
Under California family law, the process of serving legal papers must adhere to specific rules to be considered valid. If a witness named in the case served the response papers, this might not meet the standard requirements for proper service. Typically, the person serving the documents should not be directly involved in the case.
In a custody case, legal documents usually need to be served by an adult who is not a party to the case. This means a witness involved in the proceedings may not be an appropriate choice for serving papers. Additionally, serving papers to someone who does not reside at the home and is not related to the plaintiff may not constitute proper service, as the law requires service to be reasonably calculated to inform the involved parties.
Regarding the role of an advocate, it's important that they provide accurate and truthful information. If an advocate, who is also a named witness, has provided false statements or incorrect timelines in their statements, this could be a matter of concern and might impact the credibility of their testimony or the validity of the documents they've prepared.
If you encounter such issues in your case, it would be advisable to consult with a legal professional to assess the specific circumstances and determine the best course of action. This is particularly important in family law matters where the stakes are high and legal technicalities can significantly affect the outcome.
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