Anonymous ID: 613c5e Dec. 27, 2022, 10:23 p.m. No.18028701   🗄️.is 🔗kun   >>8711 >>8723 >>8724 >>8807

>>18027454 Loy Brunson Gives Election Case Update

 

Guise, not to burst the bubble on the Brunson case, but according to the brothers' website, found at http://www.ralandbrunson.com/, the brothers are serving their lawsuit on their 388 defendants via the United States Postal Service.

 

The brothers' website says:

 

"April 26, 2022

Serving the lawsuit on all 388 defendants

(The brothers along with their friend Duane Bingham stuffs envelopes with a copy of the complaint along with the summons for the 388 defendants. The brothers are using the U.S. Postal Service to act as process servers to all defendants. The 388 packets were delivered to the post office staff who were waiting to process the service.)"

 

WTF????

 

I'm not even a lawfag but I have to ask: did these brothers even read the Federal Rule of Civil Procedure? Did any of the purported grifters who are promoting these guys read the Federal Rules of Civil Procedure?

 

I am as much a supporter of our movement as the next guy, and I've contributed a lot of research to this board. But holy crap, if I were filing a lawsuit such as this, I would take the time to read the procedural rules governing important things such as service of process.

 

Service of process is lawfully achieved through personal service, not via delivery by an employee of the United States Postal Service.

 

Federal Rule of Civil Procedure 4(c) says:

 

(c) Service.

 

(1) In General. A summons must be served with a copy of the complaint. The plaintiff is responsible for having the summons and complaint served within the time allowed by Rule 4(m) and must furnish the necessary copies to the person who makes service.

 

(2) By Whom. Any person who is at least 18 years old and not a party may serve a summons and complaint.

 

(3) By a Marshal or Someone Specially Appointed. At the plaintiff's request, the court may order that service be made by a United States marshal or deputy marshal or by a person specially appointed by the court. The court must so order if the plaintiff is authorized to proceed in forma pauperis under 28 U.S.C. §1915 or as a seaman under 28 U.S.C. §1916.

 

For personal service to be made, the papers must be handed personally to the defendant or respondent. This is not achieved through the United States Mail delivered by employees of the United States Postal Service, since they will leave the complaints in the parties' mailboxes. Delivery will not be made in hand, personally, on each defendant, nor will the Postal Service employees be completing the paperwork related to the necessary Returns of Service that the brothers (like every Plaintiff) must file with the Court.

 

Why TF nobody thought to check this at the outset is beyond me. No matter how well-pleaded their claims may be, if they did not lawfully serve the lawsuit on all 388 defendants, this case is done.

 

I'm disgusted that nobody planned this lawsuit better. Such a waste of time, and especially of supporters' money and spirits of optimism. Y'all might be in for a big disappointment, and it will all hinge on the failure to lawfully effect service of process in this case.