|
Service of process is the term given to legal notice of a court or administrative body's exercise of its jurisdiction over individuals who are the subject of proceedings or actions brought before such court, body or other tribunal.
Service
Each jurisdiction has rules regarding the means of service of process. In some cases the law may require the summons to be served upon the person personally, or upon the person or someone of suitable age and discretion at the person's abode or place of business or employment. In some cases service of process may be effected through the mail as in some small claims court procedures. Often the court or procedural rules allow for the service of process by court order or by publication when an individual cannot be located in a particular jurisdiction.
Proper service of process results in personal jurisdiction 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.
In ancient times the service of a summons was considered a royal act that had serious consequences. It was a summons to come to the King's Court and to respond to the demand of a loyal subject. In ancient Persia, failure to respond to the King's summons meant a sentence of death. Today the penalties for ignoring a summons are usually money judgments that must be subsequently enforced.
Service of process in cases filed in the United States district courts is governed by Rule 4 of the Federal Rules of Civil Procedure.
Process server
In most Anglo-American legal systems the service of process is effectuated by a process server, usually an adult and a disinterested party in the litigation.
Some jurisdictions require or permit process to be served by a court official, such as a sheriff, marshal, constable or bailiff. There may be licensing requirements for private process servers as in New York City.
Other jurisdictions, such as Georgia, require a court order allowing a private person to serve process. In some places the parties themselves may effectuate service. In the French legal system, the task is performed by a huissier.
Acceptance of service
Since service of process acts as legal notice, the served party must acknowledge acceptance of service, or acknowledgement of service. Acceptance of service means that the served party agrees to have received the complaint or petition from a process server. Many jurisdictions require the served party to sign and date a return of service form.
In some jurisdictions, acceptance of service can be waived. When acceptance is waived, the process server is not required to service process.
Personal service
Personal service is service of process directly to party named on the summons, complaint or petition. In most lawsuits, personal service is required to obtain jurisdiction.
In some instances, an agent for acceptance of service can substitute for personal service.
Agent for acceptance of service
The agent for acceptance of service is person authorized to accept service on behalf of the served party. For example, many corporations are required to have an agent for acceptance of service.
Acceptance by an agent for acceptance of service is a form of substituted service.
Substituted service
When a served party is unavailable, many jurisdictions allow for substituted service. Substituted service allows the process server to leave service documents with another responsible third party such as parents or employer. Substituted service often requires a serving party show that ordinary service is impracticable and that substituted service will reach the party and effect notice.
In addition, substituted service may be done through public notice followed by sending the documents by certified mail.
| 
