Process serving is a critical aspect of the legal system’s foundational principle of due process. It involves notifying individuals of their involvement in a judicial process, ensuring they have the opportunity to present their case. Here’s a detailed walkthrough from the initial engagement with a client to the completion of the service and submission of the affidavit or return of service to the court.
Step 1: Initial Contact by the Client
The process begins when an attorney, legal firm, or an individual contacts a process serving company or an independent process server to request their service. During this conversation, the client provides details about the party to be served, the type of documents, and any special instructions or deadlines.
Step 2: Gathering of Information
The process server gathers all necessary information from the client, including the names and addresses of the parties, any known schedule or behavioral patterns, and possible risks involved in serving the documents. The more information provided, the more efficiently the server can operate.
Step 3: Reviewing the Documents and Jurisdiction
Before attempting service, the process server reviews the documents to understand the specifics of the case and checks jurisdictional rules to ensure compliance. Different types of documents and courts may have particular requirements regarding the method and timing of delivery.
Step 4: Locating the Recipient
The process server locates the recipient using the information provided by the client and any necessary investigative techniques, such as skip tracing. If skip tracing is required, it requires significant skill and experience.
Step 5: Attempting Service
The process server makes attempts to deliver the documents to the recipient. Generally, this must be done in person, either at the recipient’s home, place of work, or other locations where they can be found. Each jurisdiction has rules about how many attempts must be made and at what times of day.
Step 6: Documenting Each Attempt
Every attempt to serve must be carefully recorded with the date, time, and result. These notes can be critical in proving diligent efforts.
Step 7: Service of Process
When the recipient is located, the process server delivers the documents according to the legal requirements governing the service process. This could include handing the documents to the recipient personally, to another adult in their household, or using an alternate method approved by the court, such as mail or public posting,
Step 8: Completion of the Affidavit of Service or Return of Service
Once the documents have been successfully served, the process server completes an affidavit of service or a return of service form. This legal document details the method of service, the location, date, time, and to whom the documents were delivered. The affidavit or return may or may not need to be notarized depending on the jurisdiction.
Step 9: Filing with the Court
The completed and notarized affidavit of service or return of service is then returned to the client or, in some cases it is directly filed with the court by the process server. This filing is the formal notification to the court that the party has been served according to statutory requirements.
Step 10: Addressing Non-service
If the server is unable to complete the service, they must inform the client and discuss the next steps. This may involve further investigative work, alternative methods of service as allowed by the court, or eventually filing a declaration of due diligence or an affidavit of non-service that shows the extensive efforts made to serve the party.
Step 11: Record Keeping
Process servers should maintain their own records of the service, including all communication with the client, attempts to serve, and the completed affidavit or return of service. This is both for the server’s protection and for administrative purposes.
Throughout these steps, process servers must adhere to the legal and ethical standards of their profession. They must respect local laws and the privacy of the individuals concerned and remain impartial. Completing the process of serving effectively ensures the advancement of legal procedure and upholds the integrity of the judicial process.