Proper service of process

What are the requirements for service of process? What is considered to be proper service of process? What does service of process mean? Who is responsible for service of process?

Three basic methods are used for service of process: (1) actual , or personal , service , ( 2) substituted service , and ( 3) service by publication. Although each method is legally acceptable, Personal Service is preferred because it is the most effective way of providing notice and it is difficult for the defendant to attack its legality.

Personal service means in-hand delivery of the papers to the proper person. Notice is furnished by delivering a set of court documents to the person to be served. Service of Process: the method by which parties involved in a lawsuit formally deliver papers (e.g., complaint, answer, motions) to the other party or parties and the court. Service of process is a critical step in a civil action: it essentially kick starts the legal process and allows a lawsuit to commence.

If it is not done properly, the entire matter can grind to a halt. A registered agent for service of process must accept all legal documents on behalf of a company. This agent, also called the statutory agent, is then responsible for forwarding all documents received to the proper person within the business. In fact, service of process is so essential in a lawsuit that, if it is not performed properly , a lawsuit cannot proceed.

The United States is a party to two multilateral treaties on service of process, the Hague Service Convention and the Inter-American Convention on Letters Rogatory and Additional Protocol.

See also our country-specific information pages on judicial assistance. A sheriff or constable. Service of Process Corporations, limited liability companies, limited partnerships, and limited liability partnerships are required by statute to designate an agent for service of process. A person certified under order of the Supreme Court.

Instant Downloa Mail Paper Copy or Hard Copy Delivery, Start and Order Now! Service of a judicial summons in criminal matters may also be effected pursuant to letters rogatory. Service of process by judicial authorities in the receiving State pursuant to letters rogatory from a court in the sending State is based on the principle of comity. Cheat Sheet on Service of Process in the Federal System Contents. Procedural requirements vary from country to country.

A) name the court and the parties;. B) be directed to the defendant;. D) state the time within which the. Personal jurisdiction is obtained through service of process , which is required in every lawsuit.

Without proper service , no valid lawsuit arises. It is only after a plaintiff obtains proper service upon the defendant that the court obtains jurisdiction over the defendant to impose an enforceable judgment of liability and damages. See Rule for the definition of ‘‘competent adult. When the sheriff is a party to the action, original process shall be served by the coroner or other officer authorized by law to perform the duties of coroner.

Rules of court: Service of process — CR 4(d), (e).

The person serving the process shall make proof of service thereof in writing to the court promptly and in any event within the time during which the person served must respond to the process. If service is made by a person other than a sheriff, deputy sheriff, or special sheriff, he shall make affidavit thereof.