Date of Service

[tay666]

Quick question about this.
Is the date of service, the day the item was mailed, or the day the papers are received?

Say they mail a summons on the 16th
But you don't get them until 19th

Would the date of service be the 16th when they were mailed?
Or the 19th, when they were signed for?

[HHM]

You have to look in your states rules of civil procedure. If service is allowed by mail, the code will usually have some formula for calculating the day of service.

For example, in Nevada, NRCP 6(e) instructs that for service by mail, 3 days are to be added to any time period effected by the mailing. (obviously, from the date of mailing).

Thus, if a summons is allowed to be mailed for service, and the Answer to the summons is due 20 days from the date of service, because the summons was mailed, the answer would be due 23 days from the date the summons was mailed.