QUESTION: Dear Legal Wiz,
Before I left Jamaica, I filed a claim at the Resident Magistrate’s court. The claim is for two persons to appear in Court in February. The bailiff told me they only served the first one, and that the other one is over here in the USA, or so he was told. Do you think I can ask them to send me the document overnight and I get someone over here to serve it to him. If he is here I should know where to find him.
RESPONSE: Dear Viv,
Although your question seems as if it is a simple matter it isnt. First of all two jurisdictions are involved. The Resident magistrate Court is a court which is strict on procedures and documentations. If your second person, known as second Defendant is outside of the country, he is outside of the jurisdiction and certain processing have to take place before he can be served in another country or jurisdiction.
Therefore, it is recommended for you to return for your Court date and relate what you know to the Resident Magistrate. The bailiff would have already returned documents confirming that he served the First Defendant and the reason for not serving the other. The Resident Magistrate would then decide if the matter will proceed with one Defendant.
If the other Defendant needs to be served, the Resident Magistrate will make an order based on the best optional method of service and instruct you accordingly.
If you have any further challenges and need our assistance, please contact us again.
We regret to inform you that Mr Burchell Brown, Attorney-at-Law, one of the legal minds in the Legal Wiz network, died on Tuesday, January 27th, 2015.