Post by BGL on Mar 1, 2005 21:52:31 GMT -5
Can a Process Server be deemed incompetant if put on the witness stand thereby allowing for the Quash of a Service of Summons in a civil case?
My thinking is if the Server is an Officer of the Court and gets boxed into having to testify as to what factually is THE STATE OF CALIFORNIA and cannot then s/he is not competent to provide service and unable to swear under penalties of perjury under the laws of that state, of which she does not know to exist or atleast cannot bring forward any facts to support his/her statement under oath.
I assume that at the motion hearing the Server, that I have deposed will be put on the witness stand and more or less quash the summons for me by either the Judge or alleged Plaintiffs Attorney objecting that the Server is not competent to come to a legal conclusion as to what a State is.
BTW I have no clue as to who this alleged Plaintiff is because all that is in the complaint is hearsay statements of counsel, Plaintiff has yet to appear, but that doesn't matter to the robe wearing Lawyer! as I'm sure most of you are aware of.
And of couse this is purely hypothetical.
My thinking is if the Server is an Officer of the Court and gets boxed into having to testify as to what factually is THE STATE OF CALIFORNIA and cannot then s/he is not competent to provide service and unable to swear under penalties of perjury under the laws of that state, of which she does not know to exist or atleast cannot bring forward any facts to support his/her statement under oath.
I assume that at the motion hearing the Server, that I have deposed will be put on the witness stand and more or less quash the summons for me by either the Judge or alleged Plaintiffs Attorney objecting that the Server is not competent to come to a legal conclusion as to what a State is.
BTW I have no clue as to who this alleged Plaintiff is because all that is in the complaint is hearsay statements of counsel, Plaintiff has yet to appear, but that doesn't matter to the robe wearing Lawyer! as I'm sure most of you are aware of.
And of couse this is purely hypothetical.
