An In-Depth Examination of Process Service – Service

An In-Depth Examination of Process Service – Service

Service of process is the procedure by which a party to a lawsuit sends an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in order to exercise jurisdiction over that person and compel that person to respond to the proceeding before the court, body, or other tribunal.

Notice is given by delivering a set of court documents (referred to as “process”) to the person who is to be served.

Service

Each jurisdiction has its own set of rules for proper service of process. A summons and other related documents must typically be served on the defendant personally, or in some cases on another person of suitable age and discretion at the defendant’s residence, place of business, or employment. In some cases, such as in small claims court, service of process may be accomplished through the mail. Other forms of service, such as service by publication, may be authorized by procedural rules or a court order in exceptional cases, such as when an individual cannot be located in a particular jurisdiction.

Proper service of process establishes the court’s personal jurisdiction over the person served. If the defendant fails to respond to additional pleadings or fails to participate in the proceedings, the court or administrative body may find the defendant in default and award relief to the claimant, petitioner, or plaintiff. The defendant has the option of contesting the default in his or her home state. Process service must be distinguished from subsequent document service (such as pleadings and motion papers) between the parties to the litigation.

Rule 4 of the Federal Rules of Civil Procedure governs service of process in cases filed in United States district courts.

If the recipient’s country is a signatory to the Hague Service Convention, service on a defendant who resides in a country outside the jurisdiction of a court must follow special procedures. The letter rogatory process is used to serve defendants in many South American countries and some other countries. When the whereabouts of a defendant are unknown, a court may allow service by publication, usually in a newspaper.