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In reply to the discussion: What is it about Trump's pending rape case that sets some folks on the DU off.. [View all]jberryhill
(62,444 posts)179. Yes
In fact, I check the docket every day.
Service in New York can be effected by first class mail, incidentally, and Trump's residence is well known. No one has ever had a problem serving Trump.
When someone serves a suit, they will file a "return of service" in the docketing system. That has not happened.
In fact, on October 4, the judge ordered the plaintiff to serve the scheduling order on the defendant, and to file a document with the ECF system (which is publicly accessible) stating that the plaintiff had done so. If you are having problems with service of a proceeding, you can also ask the court to permit alternative means of service. The rules are quite flexible in that regard.
If I wanted to move forward with a case, and for some reason was having a problem serving the defendant, then I would move for the court to grant an alternative method of service. For example, in the area I practice, it is quite common to request service by email.
We are going on a month now, and there has been no return of service. I check the docket every morning. They just added yet another plaintiff's attorney from New Jersey, but there is no service on the defendant.
The "file a lawsuit but don't serve it" technique is used when you have what you believe to be a case the defendant will want to settle, but you don't want to actually engage in litigation. You file the case, and dangle it over their head like the Sword of Damocles, while contacting them to see if they want to waive service.
There is a provision in the Federal Rules of Civil Procedure under which, normally, you serve a suit and the defendant has 20 days to file a responsive pleading or motion to dismiss. HOWEVER, if you contact the defendant and ask them if they want to waive service, then the defendant has 60 days to file a responsive pleading or motion to dismiss. This is, in part, because courts don't want to get bogged down in disputes over service.
This case has been filed three times. The excuse that "there was something wrong" with any of the prior filings does not make sense, because under the Rules, the plaintiff can amend the civil complaint, by right, prior to service on the other side or the filing of a responsive pleading or motion. In other words, your initial complaint can be a complete ball of shit, but as long as you haven't proceeded any further, you can throw it out and replace it with a new one, and save yourself $350.
I realize that some people are upset by my comments, but those are the procedural facts here.
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What is it about Trump's pending rape case that sets some folks on the DU off.. [View all]
KALD
Oct 2016
OP
It certainly is. But I'm speculating that at least some media outlets
The Velveteen Ocelot
Oct 2016
#51
do you think it's because the right will squawk and whine about Hillary and get airtime doing it,
rainy
Oct 2016
#32
You may want to consider that lots of powerful people want any case involving Jeffrey Epstein....
PoliticAverse
Oct 2016
#34
Thanks! Why in the world would a judge go forward with hearing more on this? Is it
RKP5637
Nov 2016
#154
Rape is a very serious issue, his own statements does not remove doubt for me.
Thinkingabout
Oct 2016
#62
did you grow up in a doll house? 13 year olds often get caught up with criminals.
JanMichael
Oct 2016
#84
It's a shame--even attention seekers can get raped and deserve justice.
BlancheSplanchnik
Oct 2016
#61
I have read that his first wife also accused Trump of rape in her divorce papers
Angry Dragon
Oct 2016
#3
This woman's story is just as credible as the women who claimed Bill Cosby raped them.
KALD
Oct 2016
#92
"Given all this, and based on the record thus far, Jane Doe’s claims appear credible"
KALD
Oct 2016
#110
Doesn't matter, she is out there advocating for her and the story is getting national attention.
KALD
Nov 2016
#197
It's not about the veracity of the complaint, but the dishonest things being said about the case
jberryhill
Oct 2016
#10
Why is this in federal court at all? Is it being brought as a diversity case?
The Velveteen Ocelot
Oct 2016
#53
He has admitted liking them young, so I suppose there's a possibility
The Velveteen Ocelot
Oct 2016
#106
So you were there when the rape occurred? If so, I suggest you contact the authorities.
KALD
Oct 2016
#20
This case was out there way before the alleged victim knew Trump was running for office also
KALD
Oct 2016
#120
The case was first filed a year ago, due to the fact that the victim isn't a lawyer she
KALD
Nov 2016
#157
I am referring to various sorts of "news" sources which are indeed lying about the case
jberryhill
Oct 2016
#71
Easy -- There are many many reasons that Trump is not fit to be President that are 100% proven
karynnj
Oct 2016
#29
I doubt it will, since he admitted that he goes around groping women and also said he could do
KALD
Oct 2016
#33
IF, a big IF Trump should win he would be the first president elect standing trial for
Thinkingabout
Oct 2016
#60
I hadn't paid attention to the date. If this occurred in 1994 when she was 13,
The Velveteen Ocelot
Oct 2016
#128
But if they are, they have to be handled correctly and competently
The Velveteen Ocelot
Oct 2016
#111
She first filed without a lawyer, I'll take Lisa's word.. she has handled a ton of these
KALD
Nov 2016
#163
I could say so much about doubters, but I'll be polite. I hope this woman has her day in court
KALD
Nov 2016
#194
Followup: The Woman Who Accused Trump of Raping Her at 13 Just Dropped Her Lawsuit
PoliticAverse
Nov 2016
#199