If a person is sued in their official and individual capacity, do you serve:

a. just the individual b. just the company or c. both the individual and the company?

  • 1
    What jurisdiction is this for? Country, and if a Federal country such as the US, Canada, or India, what state or province? This kind of procedural law often varies by jurisdiction. Oct 2 '19 at 19:41

Both. The process server deliver's one set of documents addressed to the individual in their individual capacity, and one addressed to the company.

If the individual in an official capacity and the company are both parties, as well as the individual in an individual capacity, you serve three sets.

Even if the law ultimately is in your favor that serving just one set is sufficient, serving one set of documents for each defendant removes any argument that would have to be litigated as non-minimal expense and producing delays in the case, and it is cheap to do so relative to what is at stake in any case worth suing over.

  • I thought that in the US, an individual named in an official capacity is essentially equally to naming the company as a party, or?
    – Gill Hamel
    Oct 4 '19 at 10:07
  • @GillHamel Not really. You only name an individual in an official capacity in an action to compel the actual individual to take action in a claim for specific performance of some duty or for declaratory or injunctive relief, mostly in lawsuits against governmental agencies or trustees.
    – ohwilleke
    Oct 7 '19 at 20:42

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