Service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant),
court
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...
, or
administrative body
Business administration, also known as business management, is the administration of a commercial enterprise. It includes all aspects of overseeing and supervising the business operations of an organization. From the point of view of management ...
in an effort to exercise
jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
Jur ...
over that person so as to force that person to respond to the proceeding before the court, body, or other tribunal.
Notice is furnished by delivering a set of court documents (called "
process
A process is a series or set of activities that interact to produce a result; it may occur once-only or be recurrent or periodic.
Things called a process include:
Business and management
*Business process, activities that produce a specific se ...
") to the person to be served.
Service
Each jurisdiction has rules regarding the appropriate service of process. Typically, a
summons
A summons (also known in England and Wales as a claim form and in the Australian state of New South Wales as a court attendance notice (CAN)) is a legal document issued by a court (a ''judicial summons'') or by an administrative agency of governme ...
and other related documents must be served upon the defendant personally, or in some cases upon another person of suitable age and discretion at the person's residence or place of business or employment. In some cases, service of process may be effected through the mail as in some
small claims court
Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and go by different names in different jurisdictions. For example, it may b ...
procedures. In exceptional cases, other forms of service may be authorized by procedural rules or court order, including service by publication when an individual cannot be located in a particular jurisdiction.
Proper service of process initially establishes
personal jurisdiction
Personal jurisdiction is a court's jurisdiction over the ''parties'', as determined by the facts in evidence, which bind the parties to a lawsuit, as opposed to subject-matter jurisdiction, which is jurisdiction over the ''law'' involved in the ...
of the court over the person served. If the defendant ignores further pleadings or fails to participate in the proceedings, then the court or administrative body may find the defendant in
default and award relief to the claimant, petitioner or plaintiff. The defendant may contest the default in his or her home state. Service of process must be distinguished from service of subsequent documents (such as
pleading
In law as practiced in countries that follow the English models, a pleading is a formal written statement of a party's claims or defenses to another party's claims in a civil action. The parties' pleadings in a case define the issues to be adjudi ...
s and motion papers) between the parties to the litigation.
Service of process in cases filed in the
United States district court
The United States district courts are the trial courts of the United States federal judiciary, U.S. federal judiciary. There is one district court for each United States federal judicial district, federal judicial district, which each cover o ...
s is governed by Rule 4 of the
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure (officially abbreviated Fed. R. Civ. P.; colloquially FRCP) govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling ...
. In
England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
, the rules governing service of documents are contained within Part 6 of the
Civil Procedure Rules 1998
The Civil Procedure Rules (CPR) were introduced in 1997 as per the Civil Procedure Act 1997 by the Civil Procedure Rule Committee and are the rules of civil procedure used by the Court of Appeal, High Court of Justice, and County Courts in civil c ...
. In
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
the rules vary from
province
A province is almost always an administrative division within a country or sovereign state, state. The term derives from the ancient Roman ''Roman province, provincia'', which was the major territorial and administrative unit of the Roman Empire ...
to province and can be governed differently depending on what the type of case (i.e. family, small claims, criminal, etc.).
Service on a defendant who resides in a country outside the jurisdiction of a court must comply with special procedures prescribed under the
Hague Service Convention
The Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, more commonly called the Hague Service Convention, is a multilateral treaty that was adopted in The Hague, The Netherlands, on 15 Nove ...
if the recipient's country is a signatory. Service on defendants in many
South America
South America is a continent entirely in the Western Hemisphere and mostly in the Southern Hemisphere, with a relatively small portion in the Northern Hemisphere at the northern tip of the continent. It can also be described as the southe ...
n countries and some other countries is effected through the
letter rogatory {{Short description, Formal request by a court to a foreign court for judicial assistance
Letters rogatory or letters of request are a formal request from a court to a foreign court for some type of judicial assistance. The most common remedies sou ...
process. Where a defendant's whereabouts are unknown, a court may permit service by publication, usually in a
newspaper
A newspaper is a periodical publication containing written information about current events and is often typed in black ink with a white or gray background.
Newspapers can cover a wide variety of fields such as politics, business, sports a ...
.
Manner of service
Substituted service
When an individual party to be served is unavailable for personal service, many jurisdictions allow for substituted service. Substituted service allows the process server to leave service documents with another responsible individual, called a person of
suitable age and discretion
Suitable age and discretion is both a legal definition of maturity (and by contrast immaturity),''Temple v. Norris'', 55 N.W. 133, 133–134 (Minn. 1893), found aGoogle books Accessed March 30, 2010. and an alternate method of service of proces ...
, such as a cohabiting adult or a teenager. Under the U.S. Federal Rules, substituted service may only be made at the
abode
In law, a dwelling (also known as a residence or an abode) is a self-contained unit of accommodation used by one or more households as a home - such as a house, apartment, mobile home, houseboat, vehicle, or other "substantial" structure. The ...
or
dwelling
In law, a dwelling (also known as a residence or an abode) is a self-contained unit of accommodation used by one or more households as a home - such as a house, apartment, mobile home, houseboat, vehicle, or other "substantial" structure. The ...
of the
defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case.
Terminology varies from one jurisdic ...
. California,
New York
New York most commonly refers to:
* New York City, the most populous city in the United States, located in the state of New York
* New York (state), a state in the northeastern United States
New York may also refer to:
Film and television
* '' ...
,
[N.Y. CPLR § 308 (2), (3), (4). Found a]
New York State Assembly website
under CVP article 3. Illinois, and many other United States jurisdictions require that in addition to substituted service, the documents be mailed to the recipient.
Substituted service often requires a serving party show that ordinary service is impracticable, that
due diligence
Due diligence is the investigation or exercise of care that a reasonable business or person is normally expected to take before entering into an agreement or contract with another party or an act with a certain standard of care.
It can be a l ...
has been made to attempt to make personal service by delivery, and that substituted service will reach the party and effect notice.
Another method of substituted service is "service by publication" also called "constructive service" in some jurisdictions. Service by publication is used to give "constructive notice" to a defendant who is intentionally absent, in hiding, or unknown (such as a possible descendant of a former landowner), and only when allowed by a judge's order based on a sworn declaration of the inability to find the defendant after "due diligence". Service by publication is commonly used in a divorce action to serve a spouse who has disappeared without leaving a forwarding address. Service by publication usually involves placing the petition for divorce and the summons to a missing spouse in a local newspaper.
In divorce cases, most states that permit service by publication will require due diligence to locate the missing spouse, which can include verifying with the post office that there is no forwarding address; contacting in writing all friends, relatives, and former employers of a spouse who may know his or her current address; checking all jails and prisons for any record of a spouse; and checking military records for a spouse.
In addition, in some jurisdictions, substituted service may be effected through
motion
In physics, motion is the phenomenon in which an object changes its position with respect to time. Motion is mathematically described in terms of displacement, distance, velocity, acceleration, speed and frame of reference to an observer and mea ...
and
public notice
Public notice is a notice given to the public regarding certain types of legal proceedings.
__TOC__
By government
Public notices are issued by a government agency or legislative body in certain rulemaking or lawmaking proceeding.
It is a requ ...
, followed by sending the documents by
certified mail
Registered mail is a mail service offered by postal services in many countries which allows the sender proof of mailing via a mailing receipt and, upon request, electronic verification that an article was delivered or that a delivery attempt was ...
.
Courts in at least two Canadian provincial jurisdictions have allowed for substituted service via
Facebook
Facebook is an online social media and social networking service owned by American company Meta Platforms. Founded in 2004 by Mark Zuckerberg with fellow Harvard College students and roommates Eduardo Saverin, Andrew McCollum, Dustin M ...
. In 2018, the
Ontario Superior Court of Justice
The Superior Court of Justice (French: ''Cour supérieure de justice'') is a superior court in Ontario. The Court sits in 52 locations across the province, including 17 Family Court locations, and consists of over 300 federally appointed judges.
...
allowed service via
Instagram
Instagram is a photo and video sharing social networking service owned by American company Meta Platforms. The app allows users to upload media that can be edited with filters and organized by hashtags and geographical tagging. Posts can ...
and
LinkedIn
LinkedIn () is an American business and employment-oriented online service that operates via websites and mobile apps. Launched on May 5, 2003, the platform is primarily used for professional networking and career development, and allows job se ...
's built-in messaging systems.
Service by mail
Service by mail is permitted by most U.S. jurisdictions for service on defendants located in other U.S. states or foreign countries. Service by mail is not available if the country of destination has filed objections to service by mail pursuant to the multinational
Hague Service Convention
The Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, more commonly called the Hague Service Convention, is a multilateral treaty that was adopted in The Hague, The Netherlands, on 15 Nove ...
. In
California
California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
, "Any person providing the
California_Department_of_Motor_Vehicles">/nowiki>California_Department_of_Motor_Vehicles.html" ;"title="alifornia_Department_of_Motor_Vehicles.html" ;"title="/nowiki>/nowiki>California_Department_of_Motor_Vehicles">alifornia_Department_of_Motor_Vehicles.html"_;"title="/nowiki>California_Department_of_Motor_Vehicles">/nowiki>California_Department_of_Motor_Vehicles/nowiki>_with_a_mailing_address_shall_Implied_consent.html" "title="California Department of Motor Vehicles">/nowiki>California Department of Motor Vehicles">alifornia_Department_of_Motor_Vehicles.html" ;"title="/nowiki>California Department of Motor Vehicles">/nowiki>California Department of Motor Vehicles/nowiki> with a mailing address shall Implied consent">consent
Consent occurs when one person voluntarily agrees to the proposal or desires of another. It is a term of common speech, with specific definitions as used in such fields as the law, medicine, research, and sexual relationships. Consent as und ...
to
receive service of process".
Voluntary acceptance of service (United States)
As a substitute for personal service by a process server, some jurisdictions may allow voluntary acceptance of service, also called waiver of service. It means that the served party agrees to voluntarily acknowledge receipt of the complaint
In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party ...
or petition without the need to engage a process server.
Acceptance or waiver of service is encouraged by some court systems, especially U.S. federal courts. Under the Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure (officially abbreviated Fed. R. Civ. P.; colloquially FRCP) govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling ...
4(d)(2), when a defendant refuses to waive service "without good cause", the defendant can be held liable for the cost of personal service.
Personal service by court services process server
Personal service is service of process directly to a party named on the summons
A summons (also known in England and Wales as a claim form and in the Australian state of New South Wales as a court attendance notice (CAN)) is a legal document issued by a court (a ''judicial summons'') or by an administrative agency of governme ...
, complaint
In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party ...
, or petition. In most lawsuit
-
A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
s in the United States, personal service is required to prove service. Most states allow substituted service in almost all lawsuits unless a corporation, LLC, LLP, or other business entity is being served; in those cases, personal service must be achieved by serving the documents to the registered agent of a business entity. Some states, e.g. Florida, do not require that the documents actually be handed to the individual. In California and most other states, the documents must be visible to the person being served, i.e., not in a sealed envelope. If the individual refuses to accept service, flees, closes the door, etc., and the individual has been positively identified as the person to be served, the documents may be "drop served" (placed as close to the individual as possible); this is considered a valid service. In the US, personal service of process has been the hallmark for initiating litigation for nearly 100 years, primarily because it guarantees actual notice to a defendant of a legal action against him or her.
Common law systems in the United States
In most states a person that serves the process simply must be 18 years of age or older and not a party to the litigation.
Most jurisdictions require or permit process to be served by a court official, such as a sheriff
A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly transla ...
, marshal
Marshal is a term used in several official titles in various branches of society. As marshals became trusted members of the courts of Medieval Europe, the title grew in reputation. During the last few centuries, it has been used for elevated o ...
, constable
A constable is a person holding a particular office, most commonly in criminal law enforcement. The office of constable can vary significantly in different jurisdictions. A constable is commonly the rank of an officer within the police. Other peop ...
, or bailiff
A bailiff (from Middle English baillif, Old French ''baillis'', ''bail'' "custody") is a manager, overseer or custodian – a legal officer to whom some degree of authority or jurisdiction is given. Bailiffs are of various kinds and their offi ...
. There may be licensing requirements for private process servers, as is the case in New York City, Alaska, Arizona, California, Georgia, Illinois, Montana, Nevada, and Oklahoma. Arizona process servers are required to apply for certification with the clerk of the Superior Court in the county in which they reside. Non-resident applicants may apply in any county. Texas process servers are currently certified by order of the Texas Supreme Court and are regulated through the Process Server Review Board, consisting of members of the industry authorized by the supreme court.
Other jurisdictions require a court order allowing a private person to serve process. Many private investigator
A private investigator (often abbreviated to PI and informally called a private eye), a private detective, or inquiry agent is a person who can be hired by individuals or groups to undertake investigatory law services. Private investigators of ...
s perform process serving duties. Texas and Florida also have a required training course which must be completed prior to certification.
An example of such a license would be in Rhode Island
Rhode Island (, like ''road'') is a U.S. state, state in the New England region of the Northeastern United States. It is the List of U.S. states by area, smallest U.S. state by area and the List of states and territories of the United States ...
, where an applicant must complete 90 days of training with a constable that has 'full powers'. Once the 90 days of training is complete, a test is given at the local courthouse from the laws included in the constable manual. Once an applicant passed the written exam, one will be scheduled for an oral interview with the disciplinary board. If they find the applicant to be competent, they will pass a recommendation to the chief judge who will then swear in one with 'limited power'. These constables can only serve within the county they are appointed. After one year, a limited power constable can apply for his/her full powers to arrest
An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questi ...
, evict
Eviction is the removal of a tenant from rental property by the landlord. In some jurisdictions it may also involve the removal of persons from premises that were foreclosed by a mortgagee (often, the prior owners who defaulted on a mortgage ...
, and be able to serve statewide.
In New York State
New York, officially the State of New York, is a state in the Northeastern United States. It is often called New York State to distinguish it from its largest city, New York City. With a total area of , New York is the 27th-largest U.S. stat ...
, personal process is ''required'' in divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
and similar matrimonial law
Marriage law refers to the legal requirements that determine the validity of a marriage, and which vary considerably among countries. See also Marriage Act.
Summary table
Rights and obligations
A marriage, by definition, bestows ...
actions, absent court permission. Specific practice is that: See CPLR 308 and DRL 232.
Federal (United States)
The service of federal civil process in the United States is governed by Federal Rules of Civil Procedure, Rule 4. Any person who is at least 18 years of age and is not a party to the case may serve a federal civil summons and complaint. This general rule also applies to the service of federal subpoenas under Federal Rules of Civil Procedure, Rule 45.
Civil law systems
In civil law jurisdictions, which include all of Continental Europe and most Asian, African, and South American countries, service of process is generally performed by the court. This may be done in person by a bailiff
A bailiff (from Middle English baillif, Old French ''baillis'', ''bail'' "custody") is a manager, overseer or custodian – a legal officer to whom some degree of authority or jurisdiction is given. Bailiffs are of various kinds and their offi ...
, or by mail, depending on the jurisdiction.
International service
International service of foreign judicial and extrajudicial documents is governed in general by the 1965 Hague Service Convention
The Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, more commonly called the Hague Service Convention, is a multilateral treaty that was adopted in The Hague, The Netherlands, on 15 Nove ...
. Prior to the enactment of the Hague Service Convention, service of process in civil cases was generally effected by a letter rogatory {{Short description, Formal request by a court to a foreign court for judicial assistance
Letters rogatory or letters of request are a formal request from a court to a foreign court for some type of judicial assistance. The most common remedies sou ...
, a formal request from the court in the country where proceedings were initiated or underway to a court in another country where the defendant resided. This procedure generally required the use of consular
A consul is an official representative of the government of one state in the territory of another, normally acting to assist and protect the citizens of the consul's own country, as well as to facilitate trade and friendship between the people ...
and diplomatic channels as the request had to be made to the foreign minister (the Secretary of State in the United States) of the defendant's country by the foreign minister of the originating court.
Since 1965, member states designate a central authority for service of process and requests go directly there. In addition, many states allow some type of service directly by mail or personal service by a person otherwise authorized to service process without involvement of local courts.
Agent for acceptance of service
In some instances, delivery to an agent for acceptance of service or "registered agent
In United States business law, a registered agent (also known as a resident agent, statutory agent, or agent for service of process) is a business or individual designated to receive service of process (SOP) when a business entity is a part ...
" can substitute for personal service on the principal party to be served. The registered agent is a person or company authorized in advance to accept service on behalf of the served party. For example, most corporation
A corporation is an organization—usually a group of people or a company—authorized by the state to act as a single entity (a legal entity recognized by private and public law "born out of statute"; a legal person in legal context) and r ...
s are required by local law to maintain a local agent of record for acceptance of service in each jurisdiction where they actively conduct business with the public. The identity of the agent for service can usually be ascertained by searching company filings with appropriate state corporate records or business registration agencies (often the business entity division of a state's secretary of state. Generally, these business registration records are searchable by the public on the secretary of state's website.
In the UK an agent for acceptance of service is generally known as a process agent
A process agent is a representative upon whom court papers may be served. In the US, the role is generally a requirement of US State law and is known as a registered agent, a resident agent or statutory agent. Process agents are also utilized in t ...
and is a contractual relationship rather than a statutory one.
Return of service
Once service of process has been effected, the responsible officer or process server must typically file a return of service or proof of service or affidavit of service with the court (or convey one to the plaintiff to file with the court). The return of service indicates the time and place at which service was effected, the person served, and any additional information needed to establish that service was properly made. It is signed by the process server, and operates as ''prima facie'' evidence that service of process was effectively made.
Arizona Court Rules also require that any return or affidavit of service filed by a process server other than a sheriff or constable shall clearly state the county in which the process server is registered. Many Arizona process servers include their certification number on their returns/affidavits. Certification numbers are assigned by the clerk of the superior court in each county.
Process serving laws (United States)
Many states have process serving laws that govern the way service of process is effected, the licensing requirements to effect service, the forms to be used and the time deadlines that service of process may be accomplished upon individual respondents and corporations. These differences may be vast. For example, in New York
New York most commonly refers to:
* New York City, the most populous city in the United States, located in the state of New York
* New York (state), a state in the northeastern United States
New York may also refer to:
Film and television
* '' ...
, service of process may require licensing of the process server; in Pennsylvania
Pennsylvania (; ( Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, ...
, process may only be served by the sheriff
A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly transla ...
or a sheriff's deputy in most cases (except in Philadelphia
Philadelphia, often called Philly, is the largest city in the Commonwealth of Pennsylvania, the sixth-largest city in the U.S., the second-largest city in both the Northeast megalopolis and Mid-Atlantic regions after New York City. Sinc ...
, where process may be served "by any competent adult"); and in New Jersey
New Jersey is a state in the Mid-Atlantic and Northeastern regions of the United States. It is bordered on the north and east by the state of New York; on the east, southeast, and south by the Atlantic Ocean; on the west by the Delaware ...
, process is effected if, after making an affidavit that diligent efforts to effect personal service had failed, the party sends two copies of the pleading by mail—one by regular mail and one by certified mail, return receipt requested—and either the certified mail receipt is returned signed or the certified mail envelope is returned unclaimed and the regular mail is not returned to the sender. Generally, there are specific procedures and rules for most courts, from local small claims court
Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and go by different names in different jurisdictions. For example, it may b ...
s to United States District courts. Each court has specific rules, forms, guidelines and procedures which must be followed in order to successfully effect service of process. Failure to follow these guidelines may deem the attempted service improper. Indeed, many defendants in court hearings use the affirmative defense of "I was not served" as an often successful line of defense in any lawsuit. Not surprisingly, this defense tends to be effective in many cases because service of process upon defendant did not follow legal procedure. As for United States federal courts, service of process rules are in the Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure (officially abbreviated Fed. R. Civ. P.; colloquially FRCP) govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling ...
, upon which most state service of process laws are based.
Jurisdiction
It is universal that the laws of service of process must follow the laws that apply to the court that issues the process. A bias or confusion occurs in many jurisdictions where service is made. In Florida, for example, process servers seem to suggest Florida laws apply to all service of process made within the territory of Florida. In this reference, section 48.195 implies an authority of Florida process servers to serve foreign process. This was added to allow sheriffs to serve foreign process within limitations as the section provides, but it does not, and cannot give exclusivity, to ''state-sanctioned licensed approved process servers to foreign process''. This interpretation, however prevalent and beneficial to Florida process servers, is false.
Florida governs only those processes that are issued from ''Florida courts''. An example would be a Wisconsin court process to be served upon a person in Florida. Wisconsin statutes would dictate the service requirements to the Florida participant. Simply, a person must be uninterested, a resident of Florida, and over the age of 18. This is not a popular position as many process servers who have a local Florida license prefer, for reasons of economics, to be considered the only legitimate process server for such a cause. This Wisconsin example is in the majority for all states in the US regarding out of state service in their jurisdiction. There are however a small number of states, such as Arizona, that permit a person of one state (e.g. Arizona) to serve another person in another state (e.g. Florida). The aforementioned Arizona rule is an exception to the majority of other states that require a process server to be 18 and over and an uninvolved party to serve its process in another state. Arizona law has never been challenged on the grounds of sovereignty as Arizona's statutes appear to give its courts legislative and judicial authority for its people to serve a person in a foreign state.
In states where Indian reservations are located, the state generally has no legal jurisdiction over Indian territory – recognized tribes enjoy legal status as a sovereign nation. Thus a process server certified under the authority of the state (i.e. Arizona) cannot serve a party to a case while that person is on the reservation unless the tribal council consents to permit service.
Trespassing
In nearly every state of the United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
, process servers are restricted from trespass
Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land.
Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding ...
ing on property as a means of serving process. Such invasions, no matter how innocuous, are regarded as not only invalid, but illegal and may result in penalties for offenders. Gated communities
A gated community (or walled community) is a form of residential community or housing estate containing strictly controlled entrances for pedestrians, bicycles, and automobiles, and often characterized by a closed perimeter of walls and fences. ...
and apartment buildings have created a difficulty for process servers; however, most are required to allow process servers to enter them. However, this fact may be overcome where the process server is in the direct employment of a law enforcement agency, such as the U.S. Marshals Service, a county sheriff's department, or other law enforcement agency having responsibility to serve documents.
In California
California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
, "Registered Process Servers" are granted "...a limited exemption against trespassing in gated communities." This allows servers to enter a private property
Private property is a legal designation for the ownership of property by non-governmental legal entities. Private property is distinguishable from public property and personal property, which is owned by a state entity, and from collective or ...
for a reasonable period of time to attempt service of process. In California, gated communities which are "...staffed by a security guard
A security guard (also known as a security inspector, security officer, or protective agent) is a person employed by a government or private party to protect the employing party's assets (property, people, equipment, money, etc.) from a variety ...
, or where access is controlled, must allow a Registered Process Server to enter for service of process upon presenting valid identification, and indicating to which address the process server is going." This does not prevent the security guard from contacting the resident and alerting them that a process server is on his way to their residence.
In Washington
Washington commonly refers to:
* Washington (state), United States
* Washington, D.C., the capital of the United States
** A metonym for the federal government of the United States
** Washington metropolitan area, the metropolitan area centered o ...
, "Registered Process Servers" are granted a limited exemption or affirmative defense
An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's o ...
against trespassing:
Deadlines
Most states have a deadline for completing service of process after filing of the summons
A summons (also known in England and Wales as a claim form and in the Australian state of New South Wales as a court attendance notice (CAN)) is a legal document issued by a court (a ''judicial summons'') or by an administrative agency of governme ...
and complaint
In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party ...
. In New York, for example, service must be completed in 120 days after filing for almost all cases, and Hawaii state circuit court
The Hawaii state circuit courts are the trial courts of general jurisdiction in Hawaii. They are the primary civil and criminal courts of the Hawaii State Judiciary. The circuit courts are the only Hawaii State court (United States), state courts ...
s require service in a civil lawsuit must be effected within six months from commencing suit.
''Dies non juridicum''
Some states prohibit the delivery or serving of documents on Sundays, holidays or election days ('' dies non juridicum''). However, some states will allow the service of documents under special circumstances. One such circumstance is when the service of process is pursuant to a court order.
According to various laws, service of process cannot be performed on Sundays in Florida (unless with a court order), Maine, Massachusetts, New York, Rhode Island, South Dakota, Tennessee (unless with a court order), Texas, Virginia, or West Virginia. It can also not be performed on election days or at a place of religious service on Sunday in Michigan, or on holidays in Minnesota. Finally, in New York, process cannot be served on Saturday upon a person who keeps Saturday as holy time.
GPS certification
In 2011, New York’s City Council enacted a regulation requiring process servers to use GPS to prove that they attempted to locate someone. The data is stored for seven years. Those who attempt the deceit of “sewer service
Sewer service is an epithet for the intentional failure to provide service of process on a named party in a lawsuit, in order to prevent the party (law), party from having a chance to respond. This practice usually involves filing a false affidavit ...
" (dumping papers) can be sued.
See also
*BOC-3
A - Process Agent Service is a United States federal filing that designates legal agents upon which process may be served. It pertains mostly to individuals or companies in the transportation and logistics industry, and it is often required befor ...
*Civil procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or case may be commenced; what ki ...
*Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure (officially abbreviated Fed. R. Civ. P.; colloquially FRCP) govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling ...
*Sheriffs in the United States
In the United States, a sheriff is an official in a county or independent city responsible for keeping the peace and enforcing the law. Unlike most officials in law enforcement in the United States, sheriffs are usually elected, although som ...
*United States Marshals Service
The United States Marshals Service (USMS) is a federal law enforcement agency in the United States. The USMS is a bureau within the U.S. Department of Justice, operating under the direction of the Attorney General, but serves as the enforceme ...
References
External links
Complete text of Federal Rules of Civil Procedure (Cornell Univ.)
{{DEFAULTSORT:Service Of Process
Civil procedure
Legal professions