§384 — Title 2 The Congress | U.S. Code

Summary

Except for the notice of contest, papers must be served on the party’s lawyer or on the party if they have no lawyer. You can serve by handing it to them, leaving it at their main office with someone in charge or at their home with a responsible person at least 16 years old, or by mailing it to their home or office. Mail service is complete when mailed. Papers filed after the notice of contest must also be filed with the Clerk either before service or soon after. Those papers must include proof showing when and how they were served, given by a sworn statement from the server or a lawyer’s certificate. Not including the proof does not cancel the service.

Title 2, §384

The Congress — Source: USLM XML via OLRC

(a)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)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)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.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L. 91–138, set out as a note under section 381 of this title.

§384 Service and filing of papers other than notice of contest

Summary

Title 2, §384

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata