Can the other party's attorney be served instead of the actual individual? 34 Answers as of October 18, 2011

Only if the other party's attorney is authorized to accept service.

If the attorney is willing to accept service on behalf of his/her client then the answer is yes. If not, there are other methods of getting a person served.

If the other party agrees to let his or her attorney accept service on his or her behalf, yes. It is quite common to accept service of process on behalf of a client, but you need the client's consent to do so.

Only if the client agrees to allow his attorney to accept service.

Generally, no, unless the lawyer agrees.

Yes, but only if the attorney agrees in writing to accept service on behalf of his or her client.

Where an action has already been commenced, generally yes.

That depends on what is being served, what the rules are in the state you live in, and whether the attorney is authorized to accept service for his client. If you are referring to the initial service of papers to start the case, the other party's attorney is not "of record" in the case yet so, technically, the other party doesn't have an attorney.

We are Augusta, Georgia divorce attorneys. We recommend you retain a divorce lawyer to help you, if you haven't done so already. Generally, in many cases, one attorney will often agree to acknowledge service for another attorney. Good luck.

Once litigation begins a party that is represented by counsel must be served through their attorney.

If the parties agree that the Attorney may accept service.

Yes, if the other attorney agrees to accept service and file an affidavit with the court stating they accepted service on behalf of their client. Then, they must file an answer.

Only if the other partys attorney agrees to accept service.

It depends where you are in the process and what you are serving.

This depends on the situation. The initial complaint must be served on the individual unless his/her attorney has given prior consent to accept service on the individuals behalf. Once the initial complaint has been filed and the other party has retained an attorney most pleadings will than be served on the attorney.

If the attorney agrees to accept service on behalf of the person, then they may be served. Additionally after the initial documents have been filed, you must serve the attorney except for documents which must be personally served.

Yes. You can serve a party's attorney of record. You should always include a proof of service whenever you serve documents on any person.

Yes, if the attorney agrees to accept service.

Not if you're talking about the original petition, unless you've made prior arrangements with the attorney and they're okay with that. The thing is that that's not considered "service" under the procedural rules that control all that. If the other spouse's attorney is going to be filing an answer anyway and everyone is fairly non-hostile and knows what's going on and they have a copy of the petition anyway, they may not care. They can go down to the courthouse or look online and get it themselves anyway. Often that won't work though and they won't waive service. For any documents filed after that (motions, discovery, notices of hearing, etc.), you would always send those to the attorney if there is one and do not have to send it to the party himself/herself.

It depends upon the circumstances.

It depends on what needs to be served and where the case is at procedurally. For example, a party's attorney can be served with most pleadings once a case is served; but an initial complaint starting a proceeding must be served on the party.

Yes. If that attorney has been formally retained for the matter at hand, then you must serve him/her instead of the other party.

It depends on the type of pleading to be served. Many such as an order of protection require personal service. I would consult an attorney for assistance.