Another company is sueing my company. Can my spouse sign the Proof of Service? I heard, but am not sure, something like they can't be a party...not sure. But it's my company, not hers and while my spouse assists me, they are not a paid employee. Will our Proof of Service papers be valid?
Part II of this Question: I also heard there's some law in business that you can't "testify against your spouse". Can we use this so that they can't be called as a witness by the other side?
If you have personal experience in either of these areas, I'd really appreciate your help.
If you are a party, she cannot make service. If only the company is a party, then it is probably OK. Most documents filed by the defendant do not need to be personally served. If they only need to be mailed, then anyone, including you, can sign the certificate saying it was mailed. The testimonial priviledge varies by state and country but in most places it applies only to criminal cases.
1. Corporations cannot be represented by a non-attorney, they MUST be represented by a licensed attorney. That's the price you pay for limited liability. So your wife should not be doing any legal work at all on this case - your attorney should be handling this.
2. The spousal immunity doctrine ONLY applies to testifying in criminal trials. If your spouse is getting called to testify about business practices, you're out of luck.
Get an attorney.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment