Process Service

Process service is the means by which the Courts obtain jurisdiction over an individual. Essentially, it is the delivering of court documents in a manner prescribed by law to an individual notifying him of a pending lawsuit against him. Process service can only be carried out by the Sheriff or a person appointed by the court where the action is being heard.

A few counties have standing orders of appointment. In those counties the appointments are long term and allow the Process Server to serve in any action in that court. In the counties that do not have Permanent Process Servers a motion or petition for appointment must be completed for each court action requesting the use of a process server.

Service of process can be accomplished by personal service (giving the court documents to the defendant) or substituted service (leaving the court document with a resident). Constructive service (i.e., publishing in a newspaper) must receive prior authorization from the court. Process service should be completed within five days of filing the court action. A return of service must be completed by the process server as evidence of the service. This return of service is usually returned to the attorney for review and filing with the court.

Service of subpoenas does not have the same rigid regulations relating to who is eligible for service. The person does not have to be appointed by any court. They simply must be an adult who is not an interested party. Subpoenas may either be served by mail (certified or registered), given to the attorney of record (not usually applicable) or served to the individual personally. Subpoenas cannot be left with any resident as process can be done.

Subpoenas must include a witness fee if applicable and be served at least 24 hours prior to the time scheduled to appear in court. A return of service is usually returned to the attorney for review and filing and should be filed with the clerk not less than 6 hours prior to the court appearance.

Let us help you with your process service. Call us today for a free consulation. (770)732-1668