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legal jurisdiction Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the Right, legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple l ...
has rules and discrete terminology regarding the appropriate procedures for serving legal documents on a person being sued or subject to legal proceedings. In the U.S. legal system, 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 an institution, often a government entity, with the authority to adjudicate legal disputes between Party (law), parties and Administration of justice, administer justice in Civil law (common law), civil, Criminal law, criminal, an ...
, or
administrative body Business administration is the administration of a commercial enterprise. It includes all aspects of overseeing and supervising the business operations of an organization. Overview The administration of a business includes the performance or m ...
in an effort to exercise
jurisdiction Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...
over that person so as to force that person to respond to the proceeding in a 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 s ...
") 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 or plaint note, 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 ag ...
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 ma ...
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 the defendant's 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 one party's claims or defenses in response to another party's complaint(s) in a civil action. The parties' pleadings in a case define t ...
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. Each district cov ...
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. They are the companion to the Federal Rules of Criminal Procedure. Rules promulgated by the ...
. In
England and Wales England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, 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. Th ...
, 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 Court in civi ...
(as well as the Practice Directions). In
Canada Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...
the rules vary from
province A province is an administrative division within a country or sovereign state, state. The term derives from the ancient Roman , which was the major territorial and administrative unit of the Roman Empire, Roman Empire's territorial possessions ou ...
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 Novem ...
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 considerably smaller portion in the Northern Hemisphere. It can also be described as the southern Subregion#Americas, subregion o ...
n countries and some other countries is effected through the letter rogatory process. Where a defendant's whereabouts are unknown, a court may permit service by publication, usually in a
newspaper A newspaper is a Periodical literature, periodical publication containing written News, 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 poli ...
.


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, abode or domicile) is a self-contained unit of accommodation – such as a house, apartment, mobile home, houseboat, recreational vehicle, or other "substantial" structure – used as a home by on ...
or
dwelling In law, a dwelling (also known as a residence, abode or domicile) is a self-contained unit of accommodation – such as a house, apartment, mobile home, houseboat, recreational vehicle, or other "substantial" structure – used as a home by ...
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 juris ...
. California,
New York New York most commonly refers to: * New York (state), a state in the northeastern United States * New York City, the most populous city in the United States, located in the state of New York New York may also refer to: Places United Kingdom * ...
,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. Due diligence ...
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 Constructive notice is the legal fictionThe phrase "legal fiction" should not be construed to mean that the concept of constructive notice is legally invalid. that signifies that a person or entity should have known, as a reasonable person would ha ...
" 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 the spouse's 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 when an object changes its position with respect to a reference point in a given time. Motion is mathematically described in terms of displacement, distance, velocity, acceleration, speed, and frame of reference to an o ...
and
public notice A public notice is a form of notice given to the general public, 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 p ...
, followed by sending the documents by
certified mail Registered mail is a postal service in many countries which allows the sender proof of mailing via a receipt and, upon request, electronic verification that an article was delivered or that a delivery attempt was made. Depending on the country, ...
. Courts in at least two Canadian provincial jurisdictions have allowed for substituted service via
Facebook Facebook is a social media and social networking service owned by the American technology conglomerate Meta Platforms, Meta. Created in 2004 by Mark Zuckerberg with four other Harvard College students and roommates, Eduardo Saverin, Andre ...
. 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 an American photo sharing, photo and Short-form content, short-form video sharing social networking service owned by Meta Platforms. It allows users to upload media that can be edited with Social media camera filter, filters, be ...
and
LinkedIn LinkedIn () is an American business and employment-oriented Social networking service, social network. It was launched on May 5, 2003 by Reid Hoffman and Eric Ly. Since December 2016, LinkedIn has been a wholly owned subsidiary of Microsoft. ...
'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 Novem ...
. In
California California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an ...
, "Any person providing the /nowiki>California Department of Motor Vehicles">California_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 used in such fields as the law, medicine, research, and sexual consent. Consent as understood i ...
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. They are the companion to the Federal Rules of Criminal Procedure. Rules promulgated by the ...
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 or plaint note, 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 ag ...
,
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 one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today ...
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 the defendant of a legal action.


Digital Delivery of Legal Documents

Digital delivery of legal documents refers to the use of secure electronic channels such as e-mail, dedicated secure web portals, and cryptographically-anchored systems to effect compliant service and receipt of court papers. In many jurisdictions, courts now permit parties to consent to electronic delivery in lieu of traditional personal service or mail, provided that the method ensures authentication of the recipient and reliable proof of transmission. Typical safeguards include multi-factor identity verification, secure socket layer (SSL) encryption, and automated delivery receipts that log date, time and file integrity. Beyond e-mail, specialized online portals have become common in private process-serving, offering real-time status updates and digital affidavits of service. In June 2024, for example
ABC Legal Services
was granted a U.S. patent for a secure recipient portal that allows recipients to access documents online under strict authentication and generates tamper-evident electronic proof of service. Adoption of digital delivery offers several advantages: it reduces delays caused by geographic distance, and provides courts withverifiable records of service. As technology and regulations continue to evolve, digital delivery is poised to become an increasingly standard option alongside traditional methods.


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, the , which is common ...
,
marshal Marshal is a term used in several official titles in various branches of society. As marshals became trusted members of the courts of Middle Ages, Medieval Europe, the title grew in reputation. During the last few centuries, it has been used fo ...
,
constable A constable is a person holding a particular office, most commonly in law enforcement. The office of constable can vary significantly in different jurisdictions. ''Constable'' is commonly the rank of an officer within a police service. Other peo ...
, or
bailiff A bailiff is a manager, overseer or custodian – a legal officer to whom some degree of authority or jurisdiction is given. There are different kinds, and their offices and scope of duties vary. Another official sometimes referred to as a '' ...
. 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; also known as a private detective, an inquiry agent or informally a wikt:private eye, private eye) is a person who can be hired by individuals or groups to undertake investigatory law services. ...
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 ( ) is a state in the New England region of the Northeastern United States. It borders Connecticut to its west; Massachusetts to its north and east; and the Atlantic Ocean to its south via Rhode Island Sound and Block Is ...
, 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 question ...
, evict, and be able to serve statewide. In
New York State New York, also called New York State, is a state in the northeastern United States. Bordered by New England to the east, Canada to the north, and Pennsylvania and New Jersey to the south, its territory extends into both the Atlantic Ocean and ...
, 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 reorganising of the legal duties and responsibilities of marriage, thus dissolving the M ...
and similar matrimonial law 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 is a manager, overseer or custodian – a legal officer to whom some degree of authority or jurisdiction is given. There are different kinds, and their offices and scope of duties vary. Another official sometimes referred to as a '' ...
, 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 Novem ...
. Prior to the enactment of the Hague Service Convention, service of process in civil cases was generally effected by a letter rogatory, 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 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.
ABC Legal Services
has performed service-related activities on behalf of the U.S. Central Authority for serving private individuals and companies within the United States since 2003.


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 party ...
" 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 or body corporate is an individual or a group of people, such as an association or company, that has been authorized by the State (polity), state to act as a single entity (a legal entity recognized by private and public law as ...
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 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 (state), a state in the northeastern United States * New York City, the most populous city in the United States, located in the state of New York New York may also refer to: Places United Kingdom * ...
, service of process may require licensing of the process server; in
Pennsylvania Pennsylvania, officially the Commonwealth of Pennsylvania, is a U.S. state, state spanning the Mid-Atlantic (United States), Mid-Atlantic, Northeastern United States, Northeastern, Appalachian, and Great Lakes region, Great Lakes regions o ...
, 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, the , which is common ...
or a sheriff's deputy in most cases (except in
Philadelphia Philadelphia ( ), colloquially referred to as Philly, is the List of municipalities in Pennsylvania, most populous city in the U.S. state of Pennsylvania and the List of United States cities by population, sixth-most populous city in the Unit ...
, where process may be served "by any competent adult"); and in
New Jersey New Jersey is a U.S. state, state located in both the Mid-Atlantic States, Mid-Atlantic and Northeastern United States, Northeastern regions of the United States. Located at the geographic hub of the urban area, heavily urbanized Northeas ...
, 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 ma ...
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. They are the companion to the Federal Rules of Criminal Procedure. Rules promulgated by the ...
, 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 (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
, process servers are restricted from
trespass Trespass is an area of tort law broadly divided into three groups: trespass to the person (see below), trespass to chattels, and trespass to land. Trespass to the person historically involved six separate trespasses: threats, assault, battery ...
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 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 that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an ...
, "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 Capacity (law), legal entities. Private property is distinguishable from public property, which is owned by a state entity, and from Collective ownership ...
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, factory guard, 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.) ...
, 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, "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 ...
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 or plaint note, 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 ag ...
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 courts 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" (dumping papers) can be sued.


See also

* BOC-3 *
Civil procedure Civil procedure is the body of law that sets out the rules and regulations along with some standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or ca ...
*
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. They are the companion to the Federal Rules of Criminal Procedure. Rules promulgated by the ...
*
Sheriffs in the United States Sheriffs in the United States are the Chief of police, chief of law enforcement officers of a County (United States), county. A sheriff is usually either elected by the populace or appointed by an elected body. Sheriffs' offices are typically t ...
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United States Marshals Service The United States Marshals Service (USMS) is a Federal law enforcement in the United States, federal law enforcement agency in the United States. The Marshals Service serves as the enforcement and security arm of the United States federal judi ...


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Complete text of Federal Rules of Civil Procedure (Cornell Univ.)
{{DEFAULTSORT:Service Of Process Civil procedure Legal professions