A civil process service is delivering legal court documents to the person or business that is specified. This is typically the defendant in the case. The plaintiff or petitioner will start this action by working with a lawyer or with the court to get the documents that need to be served. The process server will then serve the documents to the person or business.
A process server is also referred to as a special deputy. The special deputy will be in charge of delivering the documents to the defendant who is involved in the legal case. There are time lines and other legal standards that the special deputy must adhere to. In addition, the special deputy will need to provide a proof of service by signing and then returning the documents to the lawyer or the court.
Rules Regarding Civil Processes
Each state and jurisdiction has different laws in place regarding the service of civil processes. The first step to having papers served to a defendant will start with the plaintiff. The plaintiff’s lawyer will typically help through the entire process.
There are some states that will require the special deputy who is serving the papers to be licensed. In other areas anyone over the age of 18 will be allowed to serve the papers. In all cases, proof of service must be provided. Typically, proof of service will be in the form of a notarized signature on the official documents.
When proper service of civil process is completed, personal jurisdiction over the person who is served is established. If the defendant does not respond to pleadings or fails to show up for the proceedings, the court can find the defendant in default and award the judgment to the claimant, plaintiff, or petitioner.
