2010 Rules of Procedure for Municipal Election Contests

Section 1

Within twenty-four (24) hours from the filling of a protest or petition, the clerk of court shall issue the corresponding summons to the protestee or to the respondent, together with a copy of the protest or petition, requiring the filling of an answer within a non-extendible period of five days from notice.

Section 2

The summons shall be served by handing copies of the summons and of the protest or the petition to the protestee or the respondent in person or, in case of the protestee’s or the respondent’s refusal to receive and sign these copies, by tendering them to him or her. If, for justifiable causes, the protestee or the respondent cannot be served in person as provided above, service may be effected by leaving copies of the summons and the protest or the petition at: (a) The protestee’s or the respondent’s residence, with a person of suitable age and discretion residing therein, or (b) The protestee’s or the respondent’s office or regular place of business, with a competent person in charge thereof.

Section 3

The summons shall be served by a sheriff, a deputy sheriff, a process server or any other suitable person authorized by the court issuing the summons.