Jurisdiction of Process Servers

Jurisdiction of Process Servers

It is universal that the laws governing process service must be consistent with the laws governing the court issuing the process. In many jurisdictions where service is rendered, there is a bias or confusion. Process servers in Florida, for example, appear to imply that Florida laws apply to all service of process made within the state’s borders.  Section 48.195 in this context implies that Florida process servers have the authority to serve foreign process. This was added to allow sheriffs to serve foreign process within the limitations set forth in the section, but it does not and cannot give state-sanctioned licensed approved process servers exclusive access to foreign process. This interpretation, however common and advantageous to Florida process servers, is incorrect.

Only processes issued by Florida courts are governed by Florida law. A Wisconsin court process, for example, could be served on a person in Florida. The service requirements for the Florida participant would be dictated by Wisconsin statutes. Simply put, a person must be uninterested, a Florida resident, and over the age of 18. This is not a popular position because many process servers with a local Florida license prefer to be considered the only legitimate process server for such a cause for economic reasons.

This Wisconsin example is representative of the majority of states in the United States when it comes to out-of-state service in their jurisdiction. However, there are a few states, such as Arizona, that allow a person from one state (e.g., Arizona) to serve another person from another state (e.g. Florida).

The aforementioned Arizona rule is an exception to the majority of other states’ requirements that a process server be at least 18 years old and an uninvolved party serve its process in another state. Arizona law has never been challenged on the basis of sovereignty because Arizona’s statutes appear to give its courts legislative and judicial authority to serve a person in another state.

The state generally has no legal jurisdiction over Indian territory in states where Indian reservations are located – recognized tribes have legal status as a sovereign nation. Thus, unless the tribal council consents to service, a process server certified under the authority of the state (i.e., Arizona) cannot serve a party to a case while that person is on the reservation.