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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 1137
Experience:  LLB (Hons)
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I would like some further assistance with the attached.

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Hi, I would like some further assistance with the attached. Unfortunately, I've missed the date specified on which to serve the Respondent. Are you able to advise, within the context of the order, what this means?
Customer: replied 5 days ago.

Hi, I'm Lea and I have reviewed your query.

 

Do you mean you won't be able to get the documents to the Respondent by 4 pm today?

 

Please bear in mind this is an email service and not a live chat so responses may not be instantaneous. I am not available for calls, but in all cases it is very likely you can be helped online.

I presume, given the number of open threads you have, that you no longer require assistance with this?

Customer: replied 4 days ago.
I did mean that, however, assuming there are no problems found with the document by the other side, they were successfully sent via e-mail.
Customer: replied 4 days ago.
Subsequently, what, if any, issues may arise subsequently that may affect the successful issue of these documents?

If you have sent them, and they have been received, there shouldn't be any issues as you have complied with the order.

 

Don't forget to rate positively for my time. Thanks.

Customer: replied 4 days ago.
Thanks.bwithbregards whether or not the N161 is required to be sealed, are you able to advise further on that?

What usually happens when someone makes an application to the court is that you are required to provide the court with several copies of the documents including the application form. The court stamps all of those copies (seals them) and then either sends them out to the applicant and respondent themselves, or returns an extra copy to the applicant to serve on the respondent. If that did not happen and all you have are unsealed copies you should serve what you have so you don't miss the deadline.

 

If your own copy was sealed, you can photocopy that and send it to the respondent. It is to put them on notice of what has occurred. Just ensure that what you send them is a true copy of what you submitted to court.

Customer: replied 4 days ago.
Thanks for this. What I had presented to the Respondent has not been sent to the Court. It was assumed, rightly or wrongly, that this was not necessary, per the order. It seems, in my lay person’s mind, that per this order, given that an N161 had been submitted previously, which was sent to the Court, sealed and thereafter served on the respondent, a Court copy is not necessary on this occasion and this is somehow, almost additional or, supplementary to the initial submission.
Of course, as a lay person, this whole situation is entirely alien to me and as such I’d be grateful for your thoughts and or assurances, assuming this to be the case, that there is nothing to worry about if I’ve successfully sent the documents, sealed or otherwise.

If the original sealed copy has already been sent to the respondent by the court, then your understanding is correct - the current order is stipulating that you should serve it on them again so there can be no doubt they received it this time.

 

I can say that if you have done as the court ordered you to and followed the directions to serve, then you have complied and all should be fine.

Customer: replied 4 days ago.
What, if, at all it differsnto that which was served to the Court initially. I.e. it's not the sealed copy sent previously, of course it's an unsealed copy with, potentially, variations from the last copy?

You are obligated to send the same document that the court has.

Could you kindly take the time to rate positively as that is how I am paid for the time I spent assisting you. Thank you.

Customer: replied 3 days ago.
Despite it having been sent in the first instance?

Kindly rate positively before asking further questions. Thanks.

SASH_Law and other Law Specialists are ready to help you

Thank you.

 

As I said earlier, if the court sent a copy previously and you are just sending it again, it is less important that it is sealed, but it should be the same as the one you sent to the court. What are the reasons for the changes to it?