Friday, August 28, 2009

Notice and Opportunity to be Heard


Once it has been established that a court has the authority to hear a case between the parties before it, it must still be established that the defendant received adequate notice of the case against him. It is also important to note that one’s rights to notice and opportunity to be heard are fundamental rights guaranteed by the Constitution. However, there are specific limitations on these rights that require further discussion.


In order for the defendant to have received adequate notice, it is not necessary that he actually learned of the suit. Instead, courts only require that the procedures used to alert him to the impending suit must have been reasonably likely to inform him, even if they failed to do so. Nevada law requires in-hand personal service since in-hand service is still the best and surest way of satisfying the notice requirement. In-hand service can be achieved by leaving copies of the summons and complaint at the defendant’s dwelling with a person of suitable age and discretion. Nevada also allows for service by publication, but only in limited circumstances. Therefore, it is very important to pay attention to the type of service that you were afforded to determine whether or not it met the general standards required for notice. If it did not then you may be entitled to a dismissal of the action based on insufficiency of process. Global Business Lawyers Nevada Business Lawyers Lovaas & Lehtinen, P.C.

Disclaimer: This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. If you have questions or need specific advice relating to the matters contained herein, please contact Lovaas & Lehtinen, P.C.

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