360 Legal Short Notes – Record Keeping

Record Keeping Best Practices for Process Servers

Proper record-keeping is a critical component of being an effective and ethical process server. Maintaining detailed, accurate records not only ensures compliance with legal requirements but also protects the process server in the event questions about service arise. Here are some best practices process servers should follow:

Permanent Written Records

The process server, or the employer on his or her behalf, should keep a separate, permanent written record of each service attempt and completion. This record should include key details such as the date, time, location, parties involved, outcome, etc. The record should be detailed and complete enough that another party reviewing it could easily determine what transpired. These records must be maintained for a reasonable period per state law, generally 2–10 years.

Open to Review

Process server records are not private and may be requested and reviewed by courts, attorneys, parties in a case, or regulators to validate service. Keeping clear, comprehensive written records facilitates any auditing or verification processes. Servers should promptly comply with record requests and have systems in place to access past records.

Photographic Evidence

In addition to written records, process servers should take date- and time-stamped photos documenting service attempts whenever feasible for additional verification. Common practice is photographing the location, the party served, noteworthy incidents (e.g. a party refusing service), etc. Maintain these photographic records just like the written records above.

Work Log

Having a log of daily activity that details every stop, attempt, and service completed can also bolster record-keeping accuracy. The work log creates a timeline showing the process server's continual course of action as they go about service.

Affidavits of Service

The process server must complete an Affidavit of Service signed under oath for each completed service. This legal document records key facts and is filed with the court. Keep copies of all Affidavits of Service with the other written service records above.

Following these best practices for comprehensive, detailed record keeping helps process servers demonstrate accountability, comply with changing record retention laws, and defend against any accusations of improper service. Maintaining meticulous records should be standard operating procedure for ethical, reputable process servers nationwide. Comprehensive records protect all parties when questions arise.