Remember that lawsuit filed by State Senator Ernie Chambers against God? A judge has dismissed it, saying that the plaintiff can't effect service of process on the defendant. "Given that this court finds that there can never be service effectuated on the named defendant this action will be dismissed with prejudice," said Judge Marion Polk. Senator Chambers shot back that the court had recognized the existence of God, God is omniscent, and "[s]ince God knows everything, God has notice of this lawsuit." Here are the normal ways the plaintiff could serve a defendant according to the Federal Rules of Civil Procedure (granted, this action was in state court, but many states' civil procedure rules are similar to the federal rules).
(A) handing it to the person;
(B) leaving it:
(i) at the person’s office with a clerk or other person in charge or, if no one is in charge, in a conspicuous place in the office; or
(ii) if the person has no office or the office is closed, at the person’s dwelling or usual place of abode with someone of suitable age and discretion who resides there;
(C) mailing it to the person’s last known address — in which event service is complete upon mailing;
(D) leaving it with the court clerk if the person has no known address;
(E) sending it by electronic means if the person consented in writing — in which event service is complete upon transmission, but is not effective if the serving party learns that it did not reach the person to be served; or
(F) delivering it by any other means that the person consented to in writing — in which event service is complete when the person making service delivers it to the agency designated to make delivery.
Now, one could argue that leaving the summons with a minister, for example, would constitute service of process, assuming that a church is "the person's office" or "dwelling." But which minister? Every member of the clergy in the county? Could Senator Chambers have left the summons with the court clerk?
An Ally McBeal episode also dealt with a Fish & Cage client who wanted to sue God (Season 4: Angels and Blimps, in which Ling Woo takes on the case, thus revealing that she's not simply an obnoxious client, she's an obnoxious attorney, too).
Senator Chambers may decide to appeal. Read more here in an Omaha World-Herald story.
Comments