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Defendant dies before deadline to serve a document on him expires

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  • Defendant dies before deadline to serve a document on him expires

    I would like to know what happens to an order from the court requesting the claimant to serve a document on the defendant by a deadline if the defendant dies before this deadline expires.

    I would like to know if an order to strike out a claim because the claimant has failed to serve a document on time on the Defendant is void, if the court made it after the defendant dies and without being aware that the Defendant died before the deadline expired

    I would like to know what is the rules concerning this issue
    Tags: None

  • #2
    The order of the court says that I have to serve a document on the two Defendants by a specific date.

    If one of the two Defendants dies, does this means that this order disappears because it could not complied with anymore because I cannot serve a deceased person?

    And, does this mean also that the claim should have been stayed until a representative of the estate of the deceased Defendant is appointed and the court issues a new order requesting me to serve the document on this representative?

    Comment


    • #3
      The order of the court says that I have to serve a document on the two Defendants by a specific date may not valid anymore following the death of the first defendant also because this order requested also that the Defendants replied to the document that I served on them and a dead Defendant cannot reply to a document

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      • #4
        The document that the court requested that I filed and served by a specific deadline should contain the name of the two Defendants. Hence, can it contain the name of a deceased Defendant and does this means that I have to file an serve again this document this time with the name of the representative of the estate of the deceased defendant in it ?

        Comment

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