When does a document served by public notice take effect, and does the answer differ between the first such service and a later one?
General information · Not legal advice
Material to check
In a practice file we read the court's order for public notice service, the paper the court officer kept and the posting made on the court notice board with its date, and any earlier public notice service in the same case, since the provision dates the effect from the posting and distinguishes a first service from a second or later one.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading holds that effect does not follow the posting at once: the court officer must keep the document to be served and post the reason for public notice on the court notice board, and the service takes effect only once the period the provision sets has run from the day of that posting, that period being shorter for a second or later public notice service.
Another reading notes that the shorter period is written for the second and later services, so it cannot be applied to a first public notice service, and the provision does not say how a file shows which of the services in a case is the first for a given document.
Your judgment
If the file shows a posting but no earlier public notice service of that document, what record would fix which service period governs its effect date?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the starting event or the lengths of the periods, or if a Supreme Court rule or a court decision sets what the posting must show and how the first service is identified.