USA TODAY International Edition

Wilde serving shows process can be uncivil

- Maria Puente Contributi­ng: Patrick Ryan and Charles Trepany, USA TODAY

Remember the Oscars slap heard round the world last month? Now we have the process serving seen round the world: Olivia Wilde, onstage at CinemaCon in Las Vegas, got slapped, so to speak, by a process server as she talked about her latest movie.

A woman, as yet unidentified but wearing a mask and a CinemaCon credential, handed Wilde a manila envelope marked “Personal and Confidential,” which contained what turned out to be legal papers regarding the custody of her two kids with “Ted Lasso” star Jason Sudeikis.

Instead of setting the envelope aside, the actress/ director opened it in front of thousands in the CinemaCon audience, an annual conference where Hollywood rolls out previews of coming attraction­s for movie theater owners.

“Right. Got it,” she said. Then she continued pitching the trailer for her new movie, “Don’t Worry Darling,” which arrives in theaters Sept. 23. The movie stars Harry Styles, with whom she has been photograph­ed over the past year, sparking speculatio­n they’re a couple.

Yikes. First off, who knew there was even an issue between Wilde, 38, and Sudeikis, 46, over the custody of their kids? It’s not like they’re known in Hollywood as another ex- couple like Angelina Jolie and Brad Pitt, who have been sniping at each other in court for years over their kids.

Second, process serving is a necessary element of the legal system rooted in constituti­onal rights to due process. But why was it necessary to serve Wilde is this fashion? How was this good for the image of Sudeikis and his lawyer, for the image of process servers or for CinemaCon’s apparently patchy security measures?

If the plan was to leverage an early, better position for Sudeikis in a legal battle over, say, where the kids will live, well, how is that working out given the mantle of sympathy draping over Wilde, at least on social media?

“The larger issue is what the heck?! Out of the gate, it’s terrible optics,” says Leslie Barbara, head of the matrimonia­l department of the New York firm Davidoff Hutcher & Citron, who has 30 years of experience handling divorces of rich people and celebritie­s. “I couldn’t think of a worse way to handle service.”

On the other hand, Barbara says, it’s not unpreceden­ted. One of her partners, she said, knew of a case where a bride was served at her own wedding. Ouch.

Sudeikis and Wilde, who were engaged for seven years before their split in November 2020, share son Otis, 8, and daughter Daisy, 5.

On Wednesday, Sudeikis let it be known that he wasn’t aware when or where the papers would be delivered to Wilde and that he would never approve of serving her in this manner.

If that’s true, Barbara says, “obviously there’s been an unacceptab­le breakdown in communicat­ion between ( Sudeikis and his lawyer). Something went awry. Why did it have to be in the middle of her presentati­on? Couldn’t it wait until she got offstage? This was completely unnecessar­y.”

Ideally, in civil proceeding­s, attorneys and clients are supposed to be in close communicat­ion about such matters as how to serve papers, Barbara says. “It’s not dignified to have someone jump out of a bush, we’d rather do this in a civilized way.”

But sometimes it’s just not possible, especially when it comes to serving celebritie­s, who may be just as resistant to receiving legal documents as regular schmoes but have more resources to avoid it, says Jillina Kwiatkowsk­i, president of the National Associatio­n of Profession­al Process Servers, who has a process serving business in Buffalo, N. Y.

Details of the rules may differ from state to state ( in New York for instance, you can’t serve on Sundays, says Barbara), but one rule everywhere is that process servers can’t impersonat­e a cop to serve papers, Kwiatkowsk­i says.

Also, she says, service has to be in person and in hand. But A- listers are hard to get close enough to so they can be served, she says, so all’s fair in love, war and process serving.

Also remember that Vegas casinos have policies barring process serving on their properties – and CinemaCon took place at Caesars Palace, one of the bestknown casinos, says Las Vegas lawyer Jason Naimi, a leading member of the nation’s matrimonia­l bar who has handled multiple celeb divorces.

“Process servers are aware of that, so they try what they can to … do what they’ve been tasked to do,” Naimi says.

“I’m assuming this was not the way ( the server) went about it at first, and she probably tried to get closer earlier and couldn’t, and this was the way she found she could get to ( Wilde) in a personal manner,” Kwiatkowsk­i says. “I’ve heard of servers going to book signings, buying and standing in line, when dealing with people in the public eye. You sometimes have to get crafty, it’s the name of the game” in process serving.

Still, Kwiatkowsk­i says, this way wouldn’t be her first try at trying to serve anyone. Process servers for years have lamented their image in popular culture as something of a joke; now this episode will add to the misimpress­ions.

“It’s a profession and most people don’t realize that we’re performing due process” by notifying people they’re being sued, she says.

And what about CinemaCon’s role? How did the process server acquire a credential? So far, no one has addressed that, but The Hollywood Reporter says officials plan to take a closer look at the conference’s security protocols.

The WrapUp podcast on Thursday interviewe­d John Fithian, the National Associatio­n of Theatre Owners president and CEO, who said officials still don’t know who the server was or how she became a registered attendee.

“It’s unfortunat­e,” he told the podcast, noting it has never happened before in the show’s 30- year history. “And so, we have reevaluate­d our protocols, and we’ve already changed right here at the show. We’ve now got security at the front of the stage.”

Too late for Wilde.

 ?? CHRIS PIZZELLO/ INVISION/ AP ?? Olivia Wilde, director of the upcoming film “Don’t Worry Darling,” checks an envelope handed to her at CinemaCon in Las Vegas.
CHRIS PIZZELLO/ INVISION/ AP Olivia Wilde, director of the upcoming film “Don’t Worry Darling,” checks an envelope handed to her at CinemaCon in Las Vegas.
 ?? RICH FURY/ GETTY IMAGES ?? Jason Sudeikis, shown at the Emmy Awards in 2021, has two children with Wilde.
RICH FURY/ GETTY IMAGES Jason Sudeikis, shown at the Emmy Awards in 2021, has two children with Wilde.

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