Example Example

In verifying whether service was timely, don’t count the day on which service was completed but do count the hearing date. For example, if a hearing on a plaintiff’s claim was scheduled for May 24, 2006:

  • Subtract 15 days if the defendant resides within the county where the action is filed; thus, the claim and order must be served on or before May 9.
  • Subtract 20 days if the defendant resides outside the county of filing; thus, the claim and order must be served on or before May 4.
  • Subtract 25 days from the date the server mailed a copy of the papers if substituted service is used and the defendant resides within the county where the action is filed; thus, the claim and order must be served on or before April 29.
  • Subtract 30 days from the date the server mailed a copy if substituted service is used and the defendant resides outside the county of filing; thus, the claim and order must be served on or before April 24.

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