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2 U.S.C. § 384Service and filing of papers other than notice of contest

submitted 57 years ago by Pub. L. 91-138 to r/title-2-THE-CONGRESS · 238 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section explains how to serve papers in an election contest, other than the notice of contest. Papers can be delivered in person, left at an office or home, or mailed. Filed papers must include proof of service, though missing proof doesn't void the service.

(a) Modes of service. Every paper that must be served — except the notice of contest itself, which is covered elsewhere — must be served on the party's attorney, or on the party directly if there's no attorney. Service can happen in three ways: (1) delivering a copy to the person directly; (2) leaving it at the person's main office with someone in charge there, or, if the office is closed or there's no office, leaving it at the person's home with someone at least sixteen years old who lives there; or (3) mailing it to the person's home or main office. Mailed service counts as complete the moment it's mailed. (b) Filing of papers with clerk. Every paper served on the opposing party after the notice of contest must also be filed with the Clerk, either before it's served or within a reasonable time afterward. (c) Proof of service. Papers filed after the notice of contest must come with proof showing when and how they were served, made either by a sworn statement from the person who served it or by a certificate from the party's attorney. If proof of service is missing, that doesn't make the service itself invalid.
the actual law source: uscode.house.gov ↗public domain
(a) Modes of service

Except for the notice of contest, every paper required to be served shall be served upon the attorney representing the party, or, if he is not represented by an attorney, upon the party himself. Service upon the attorney or upon a party shall be made:

(1)

by delivering a copy to him personally;

(2)

by leaving it at his principal office with some person then in charge thereof; or if the office is closed or the person to be served has no office, leaving it at his dwelling house or usual place of abode with a person of discretion not less than sixteen years of age then residing therein; or

(3)

by mailing it addressed to the person to be served at his residence or principal office. Service by mail is complete upon mailing.

(b) Filing of papers with clerk

All papers subsequent to the notice of contest required to be served upon the opposing party shall be filed with the Clerk either before service or within a reasonable time thereafter.

(c) Proof of service

Papers filed subsequent to the notice of contest shall be accompanied by proof of service showing the time and manner of service, made by affidavit of the person making service or by certificate of an attorney representing the party in whose behalf service is made. Failure to make proof of service does not affect the validity of such service.

Source credit: (Pub. L. 91–138, § 5, Dec. 5, 1969, 83 Stat. 286.)

history & why it existsrecord from the source credit
  • 1969Enacted · Pub. L. 91-138 · 83 Stat. 286

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-138 on 1969-12-05.

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