ALABAMA RULES OF CIVIL PROCEDURE

This article will provide guidance on Alabama Rules of Civil Procedure. Disclaimer: Due to the law’s rapidly changing nature, there will be times when the material on this site will not be current. It is provided for general information and is not intended as legal advice. It should not be considered comprehensive or exhaustive and is not a substitute for advice from your attorney. We make no express or implied warranty as to the material’s accuracy, reliability, completeness, timeliness, or appropriateness for a particular purpose, including applicability to your jurisdiction or circumstances. We assume no liability for any direct, indirect, or consequential damages resulting from your reliance on this material; you do so at your own risk. Seek the advice of an attorney. Comments, corrections, or suggestions should be directed to info@undisputedlegal.com.   The information listed below may have been amended. For updated process serving legislation, please visit the Alabama State Legislature website.

Alabama Process Service Licensing Requirements

As an alternative to delivery by the sheriff, process issuing from any court governed by these Alabama Rules of Civil Procedure rules may be delivered by the clerk to any person not less than eighteen (18) years of age who is not a party and who has been designated by order of the court to make service of process.

DID YOU KNOW? Alabama Process Serving Laws

If service of process is refused, the clerk can mail a copy of the document to be served to the defendant at the address where the document is to be served. Service shall then be deemed complete. Read More

Alabama Rules of Civil Procedure Rule 4. Process: General and Miscellaneous Provisions

(a) Summons or Other Process.

(1) Issuance. Upon filing the complaint or other document required to be served in the manner of an original complaint, the clerk shall forthwith issue the required summons or another process for service upon each defendant. Upon request of the plaintiff, separate or additional summons shall issue at any time against any defendant.

(2) Form. The summons, or other processors each of them in cases involving multiple defendants, shall be signed by the clerk, and contain the name of the court and the name of the first party on each side with an appropriate indication of other parties in cases involving multiple parties, be directed to the defendant or each defendant in cases involving multiple defendants, state the name and address of the plaintiff’s attorney if any, otherwise, the plaintiff’s address and the time within which these Alabama Rules of Civil Procedure rules require the defendant to appear and defend, and shall notify the defendant that, in case the defendant fails to do so, judgment by default will be rendered against the defendant for the relief demanded in the complaint.

(3) Copy of Complaint or Other Document. A copy of the complaint or other document to be served shall be attached to each summons or other process. The plaintiff shall furnish the clerk with sufficient copies of the complaint or other document to be served.

(4) Plaintiff and Defendant Defined. For issuance and service of summons or another process, “plaintiff” shall include any party seeking the issuance of summons’ service, and “defendant” shall include any party upon whom service of summons or other process is sought.

(5) Instructions and Form. The plaintiff shall furnish the clerk with instructions for service of the complaint or other document. When requested by the clerk, the plaintiff shall also furnish sufficient properly completed copies of the summons or other process. When the plaintiff has requested service by certified mail, the plaintiff shall also furnish properly completed postal forms necessary for such service at the request of the clerk.

(b) Limits of Effective Service. All processes may be served anywhere in this state and, when authorized by law or by these Alabama Rules of Civil Procedure rules, may be served outside this state.

(c) Upon Whom Process Served. Service of process, except service by publication as provided in Alabama Rules of Civil Procedure Rule 4.3, shall be made as follows:

(1)Individual. Upon an individual, other than a minor or an incompetent person, by serving the individual or by leaving a copy of the summons and the complaint at the individual’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by delivering a copy of the summons and the complaint to an agent authorized by appointment or by law to receive service of process;

(2)Minor. Upon a minor by serving any one of the following: the father, the mother, the guardian, the individual having care of the minor or with whom the minor lives, or the spouse, if the minor is married, and, if the minor is over the age of twelve years, by also serving the minor personally;

(3) Incompetent Not Confined. Upon an incompetent person by serving the incompetent and that person’s guardian but, if no guardian has been appointed, by serving the incompetent and a person with whom the incompetent lives or a person who cares for the incompetent;

(4)Incompetent Confined. Upon an incompetent person not having a guardian and confined in any institution for the mentally ill or mentally deficient, by serving the superintendent of the institution or similar official or person having the responsibility for the custody of the incompetent person;

(5) Incarcerated Person. Upon an individual incarcerated in any penal institution or detention facility within this state, by serving the individual, except that when the individual to be served is a minor, by serving any one of the following: the father, the mother, the guardian, the individual having care of the minor, or the spouse, if the minor is married, and, if the minor is over the age of twelve (12) years by serving the minor personally;

(6) Corporation. Upon a corporation, either domestic or foreign, by serving the agent authorized by appointment or by law to receive service of process or by serving the corporation by certified mail at any of its usual places of business or by serving an officer or an agent of the corporation;

(7) Partnership. Upon a partnership, a limited partnership, or a limited partnership association, by serving the entity by certified mail at any of its usual places of business or by serving a partner, limited partner, or manager or member;

(8) Unincorporated Organization or Association. Upon an unincorporated organization or association by serving it in its entity name by certified mail at any of its usual places of business or by serving an officer or agent of any such organization or association or an officer or agent of any branch or the local office of the organization or association;

(9) Professional Association, Professional Corporation, or Limited Liability Company. Upon a professional association, a professional corporation, or a limited liability company, by serving the association, corporation, or company in the entity’s name by certified mail at the place where the entity’s offices are maintained or by serving a shareholder or by serving the agent authorized by appointment or by law to receive service of process;

(10) State. Upon this state or any one of its departments, offices, and institutions, by serving the officer responsible for the administration of the department, office, or institution, and by serving the attorney general of this state;

(11) County. Upon a county or upon any of its offices, agencies, districts, departments, institutions, or administrative units, by serving the chairman or presiding officer or member of such county’s governing body.

(12) Municipal Corporations. Upon a municipal corporation or any of its offices, departments, agencies, authorities, institutions, or administrative units, by serving the mayor or the presiding officer or councilman, commissioner, or another member of the municipal corporation.

(13) Other Governmental Entity. Upon any governmental entity not mentioned above, by serving the person, officer, group, or body responsible for the administration of that entity or by serving the appropriate legal officer, if any, representing the entity. Service upon any person who is a member of the “group” or “body” responsible for the administration of the entity shall be sufficient.

(d) Amendment. Within its discretion and upon such terms as are just, the court may at any time allow or approve the amendment of any process or proof of service unless the amendment would cause material prejudice to the substantial rights of the party against whom the process was issued.

(e) Service Refused. Suppose service of process is refused, and the certified mail receipt or the return of the person serving process states that service of process has been refused. In that case, the clerk shall send by ordinary mail a copy of the summons or other process and complaint or another document to be served to the defendant at the address outlined in the complaint or other document to be served. Service shall be deemed complete when the fact of mailing is entered of record.

(f) Multiple Defendants; Incomplete Service; Dismissal of Fictitious Defendants. When there are multiple defendants, the summons (or another document to be served) and the complaint have been served on one or more. Still, not all of the defendants, the plaintiff may proceed to judgment as to the defendant or defendants on whom process has been served. If the judgment as to the defendant or defendants who have been served is final in all other respects, it shall be a final judgment. After the entry of judgment, if the plaintiff can obtain service on a defendant or defendants not previously served (except, however, defendants designated as fictitious parties as allowed by Alabama Rules of Civil Procedure Rule 9(h), who shall be deemed to have been dismissed voluntarily when the case was announced ready for trial against other defendants sued by their true names), the court shall hear and determine the matter as to such defendant or defendants in the same manner as if such defendant or defendants had originally been brought into court. Still, such defendants or defendants shall be allowed the benefit of any payment or satisfaction which may have been made on the judgment previously entered in the action.

(g) Effect of Availability of Alternative or Dual Modes of Service of Process. There shall be no objection to the service of process or notice to litigants that two or more modes of service of notice are provided by law or under these Alabama Rules of Civil Procedure rules. Still, service of notice perfected in any manner or mode provided by law or under these Alabama Rules of Civil Procedure rules shall be deemed sufficient, notwithstanding other modes or manner of service and notice provided by law or under these Alabama Rules of Civil Procedure rules.

(h) Acceptance or Waiver of Service. A defendant or the defendant’s attorney may accept or waive the process, provided that said acceptance or waiver is in writing and signed by the defendant and a credible witness.

(dc) District Court Rule. Rule 4 applies in the district courts.
(Amended 6/17/75; 10/14/76, effective 1/16/77; Amended 1/4/82, eff. 3/1/82; Amended 1/21/86, eff. 9/1/87; Amended eff. 6/20/89; Amended eff. 8/1/92; Amended eff. 10/1/95. Committee Comments See Committee Comments following Alabama Rules of Civil Procedure Rule 4.4.

Alabama Rules of Civil Procedure Rule 4.1 Process: Methods of In-State Service

(a) Methods of Service. All service of process within this state shall be made as provided in this Alabama Rules of Civil Procedure rule except when service by publication is available under Alabama Rules of Civil Procedure Rule 4.3. Under this rule, service within this state shall include delivery by a process server and service by certified mail, and each of the foregoing methods of service shall be deemed to confer in personam jurisdiction. Unless otherwise requested or permitted by these rules, service of process within this state shall be made by delivery by a process server.

(b) Delivery by a Process Server.

(1) By Sheriff or Constable. When a process issued from any court subject to the provisions of these Alabama Rules of Civil Procedure rules is to be delivered personally, the clerk of the court shall deliver or mail the process and sufficient copies of the process and complaint, or other documents to be served, to the sheriff or constable of the county in which the party to be served resides or may be found.

(2) By Designated Person. As an alternative to delivery by the sheriff, process issuing from any court governed by these Alabama Rules of Civil Procedure rules may be delivered by the clerk to any person not less than eighteen (18) years of age who is not a party and who has been designated by order of the court to make service of process.

(3) How Served and Returned. The person serving process shall locate the person to be served and deliver a copy of the process and accompanying documents to the person. When the copy of the process has been delivered, the person serving the process shall endorse that fact on the process and return it to the clerk, who shall make the appropriate entry on the docket sheet relating to the action. The person serving the process’s return in the manner described herein shall be prima facie evidence that the process has been served.

(4) Failure of Service. When the person serving process is unable to serve a copy of the process within thirty (30) days, the person serving process shall endorse that fact and the reason therefore on the process and return the process and copies to the clerk who shall make the appropriate entry on the docket sheet of the action. In the event of service failure, the clerk shall forthwith notify, by mail, the attorney of record or, if there is no attorney of record, the party at whose instance the process was issued. The clerk shall enter the fact of notification on the docket sheet of the action. Failure to do service within the thirty(30)-day period and failure to make proof of service do not affect service validity.

(c) Service by Certified Mail.

(1) When Proper. When the plaintiff files a written request with the clerk for service by certified mail, service of process shall be made by that method.

(2) How Served. In the event of service by certified mail, the clerk shall place a copy of the process and complaint or another document in an envelope and shall address the envelope to the person to be served with instructions to forward. The clerk shall affix adequate postage and place the sealed envelope in the United States mail as certified mail with instructions to forward, return receipt requested, instructions to the delivering postal employee to show to whom delivered, date of delivery, and address where delivered. When the person served is an individual, the clerk shall also request restricted delivery unless otherwise ordered by the court. The clerk shall enter mailing on the docket sheet of the action and make a similar entry when the return receipt is received.

(3) When Effective. Service by certified mail shall be deemed complete. The time for answering shall run from the delivery date to the named addressee or the addressee’s agent, as evidenced by the signature on the return receipt.

(4) Failure of Delivery. Suppose the receipt shows the delivery’s failure to the addressee or agent. In that case, the clerk shall follow the notification procedure outlined in subsection (b)(4) of this Alabama Rules of Civil Procedure rule. Failure to do service within the thirty days and failure to prove service does not affect service validity.

(dc) District Court Rule. Rule 4.1 applies in the district courts.
(Adopted 10/14/76, effective 1/16/77; Amended 8/1/92; Amended eff. 10/1/95.) Committee Comments See Committee Comments following Rule 4.4.

Alabama Rules of Civil Procedure Rule 4.2 Process: Basis For and Methods of Out-Of-State Service

(a) Basis for Out-of-State Service.

(1) When Proper. The appropriate basis exists for service of process outside of this state upon a person in any action in this state when (A) the person is, at the time of the service of process, either a nonresident of this state or a resident of this state who is absent from the state, and (B) the person has sufficient contacts with this state, as outlined in subdivision (a)(2) of this Alabama Rules of Civil Procedure rule so that the prosecution of the action against the person in this state is not inconsistent with the constitution of this state or the Constitution of the United States, or, the person issued in the capacity of executor, administrator, or another personal representative of an estate for the acts or omissions of a decedent or ward, and the person so sued does not otherwise have sufficient contacts with this state in that capacity, but the decedent or ward would have been deemed to have sufficient contacts with this state if the action could have been maintained against the decedent or ward.

(2) Sufficient Contacts. A person has sufficient contact with the state when that person, acting directly or by agent, is or may be legally responsible as a consequence of that person’s:

(A) transacting any business in this state;

(B) contracting to supply services or goods in this state;

(C) causing tortious injury or damage by an act or omission in this state, including but not limited to actions arising out of the ownership, operation, or use of a motor vehicle, aircraft, boat, or watercraft in this state;

(D) causing tortious injury or damage in this state by an act or omission outside this state if the person regularly does or solicits business, engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this state;

(E) causing injury or damage in this state to any person by breach of warranty expressly or impliedly made in the sale of goods outside this state when the person might reasonably have expected such other person to use, consume, or be affected by the goods in this state, provided that the person also regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this state;

(F) having an interest in, using, or possessing real property in this state;

(G) contracting to insure any person, property, or risk located within this state at the time of contracting;

(H) living in the marital relationship within this state notwithstanding subsequent departure from this state, as to all obligations arising from alimony, custody, child support, or property settlement, if the other party to the marital relationship continues to reside in this state; or

(I) otherwise having some minimum contact with this state and, under the circumstances, it is fair and reasonable to require the person to come to this state to defend an action. The minimum contacts referred to in this subdivision (I) shall be deemed sufficient, notwithstanding a failure to satisfy the requirement of subdivisions (A)-(H) of this subsection (2), so long as the prosecution of the action against a person in this state is not inconsistent with the constitution of this state or the Constitution of the United States.

(3) “Person” Defined. This term “person” as used herein includes an individual, that person’s executor, administrator, or another personal representative, a corporation, partnership, association, or any other legal or commercial entity.

(b) Methods of Out-of-State Service. All service of process outside of this state shall be made as set forth below except when service by publication is available under Rule 4.3. Service outside of this state under this rule shall include service by certified mail and delivery by a process server, and each method shall be deemed to confer in personam jurisdiction. Unless otherwise requested by these rules, the service of process outside this state shall be made by certified mail.

(1) Certified Mail.

(A) How Served. The clerk shall place a copy of the process and complaint or another document to be served in an envelope and shall address the envelope to the person to be served at that person’s last known address with instructions to forward. The clerk shall affix adequate postage and place the sealed envelope in the United States mail as certified mail return receipt requested with instructions to deliver postal employee to show to whom delivered, date of delivery, and address where delivered. When the person served is an individual, the clerk shall also request restricted delivery unless otherwise ordered by the court. The clerk shall enter mailing on the docket sheet of the action and make a similar entry when the return receipt is received.

(B) When Effective. Service by certified mail shall be deemed complete, and the time for answering shall run from the date of delivery of the process, as evidenced by the return receipt.

(C) Failure of Delivery. If the return receipt shows the failure of delivery, the clerk shall forthwith notify, by mail, the attorney of record, or if there is no attorney of record, the party at whose instance the process was issued. Suppose the return receipt shows the failure of delivery. In that case, service is complete when the serving party or the serving party’s attorney, after notification by the clerk, files with the clerk an affidavit setting forth facts indicating the reasonable diligence utilized to ascertain the whereabouts of the party to be served, and service by publication is made under Rule 4.3(c).

(2) Delivery by a Process Server.

(A) When Proper. When the plaintiff files a written request with the clerk for service by delivery by a process server, service of the process and accompanying documents may be delivered to a “person” as outlined in subparagraph (a) of this rule by a person designated by order of the court to make service of process.

(B) How Served and Returned. Service herein may be made by any person not less than eighteen (18) years of age who is not a party and has been designated by the court’s order. On request, the clerk shall deliver the summons to the plaintiff or the plaintiff’s attorney for transmission to the person who will do the service. Proof of service may be made as prescribed by Rule 4.1(b)(3) or the court’s order.

Alabama Rules of Civil Procedure Rule 4.3 Process: Service By Publication

(a) Scope of Rule. This rule applies as follows:

(1) To a claim historically equitable involving property under the control of the court (e.g., administration of an estate, interpleader, partition) or marital status which said claim has heretofore been deemed appropriate for service by publication where the identity or residence of a defendant is unknown or, where a resident defendant has been absent from that defendant’s residence for more than thirty days since the filing of the complaint and the method of service by publication in such instances is not specifically provided by statute; and,

(2) To a claim, whether legal or equitable, against a defendant who avoids service of process as described in subparagraph (c) of this rule. This rule does not supersede specific procedure for publication as outlined in certain statutes governing special proceedings (e.g., attachment, in rem action to quiet title) and, in such proceedings, the specific statutory procedure for publication and all other requirements appearing therein shall govern except to the extent that subparagraph (b) of this rule may be applicable. In no event shall a personal judgment be entered on service by publication except as provided in subparagraph (c) of this rule.

(b) Residence Known; When Publication Appropriate. When the residence of a defendant is known, and the action is one in which service by publication is permitted, service of process must first be attempted by one of the methods of service other than publication as is provided by Rule 4.1 if the defendant is a resident of this state, or Rule 4.2, if the defendant is not a resident of this state or is a resident of this state who is absent from the state, or Rule 4.4, if service on the defendant is to be effected in a foreign country.

(c) Avoidance of Service. When a resident defendant avoids service and that defendant’s present location or residence is unknown. The process server has endorsed service failure and the reason, therefore, on the process and returned the same to the clerk or where the return receipt shows a failure of service. The court may, on motion, order service to be made by publication. When a defendant is a domestic corporation or a foreign corporation having one of its principal places of business in this state, and the process server has endorsed the fact that the process cannot be served because of the failure of the defendant to elect officers or appoint agents, or because of the absence of officers or agents from the state for thirty (30) days from the filing of the complaint or because the officers or agents are unknown, then the such defendant shall be deemed to have avoided service. The court may, on motion, order service on such a defendant to be made by publication.

(d) Procedure for Publication in Actions Governed by This Rule.

(1) Affidavit Necessary. Before service by publication can be made in an action where the identity or residence of a defendant is unknown, when a defendant has been absent from that defendant’s residence for more than thirty days since the filing of the complaint, or where the defendant avoids service, an affidavit of a party or the party’s counsel must be filed with the court averring that service of summons or another process cannot be made because either the residence is unknown to the affiant and cannot with reasonable diligence be ascertained, or, the identity of the defendant is unknown, or, the resident defendant has been absent for more than thirty (30) days since the filing of the complaint, or, the defendant avoids service, averring facts showing such avoidance.

(2) How Published. Upon the affidavit filing, the clerk shall direct that service of notice be made by publication in a newspaper of general circulation in the county in which the complaint is filed. If no newspaper of general circulation is published in the county, then publication shall be in a newspaper of general circulation published in an adjoining county.

(3) Contents of Publication. The publication shall

(A) contain a summary statement of the object of the complaint and demand for relief;

(B) notify the person to be served that that person is required to answer within thirty (30) days after the last publication on or before a date certain specified in the notice, which said date should be thirty (30) days after the last publication; and

(C) be published at least once a week for four successive weeks. In a divorce action, the publication of a notice in substantial compliance with the following form shall be deemed sufficient:

NOTICE OF DIVORCE ACTION
John Doe, whose whereabouts are unknown, must answer Mary Doe’s petition for divorce and other relief by July 1, 1975, or, thereafter, a judgment by default may be rendered against him in Case No. , Circuit Court of County.
Done the 30th day of April 1975B
RICHARD ROE, Clerk of the Circuit Court of County.
JOE DOAKS
123 Main Street
Anywhere, Alabama
Attorney for Mary Doe

(4) When Complete. Service shall be complete at the date of the last publication.

(5) Proof of Service. After the last publication, the publisher or the publisher’s agent shall file with the court an affidavit showing the fact of publication together with a copy of the notice of publication. The affidavit and copy of the notice shall constitute proof of service.

(e) Alternative to Publication in Certain Domestic Proceedings.

(1) When Proper. When service of process by publication in domestic proceedings is otherwise proper under this rule, and the affidavit made necessary by subparagraph (d)(1) of this rule has been filed, service of process may be made by first-class mail instead of publication when the party requesting such service has also filed an affidavit setting forth

(A) substantial hardship in the payment of the cost of publication and,

(B) all of the known addresses of the defendant for the preceding two years or, if the defendant’s whereabouts have been unknown for the said period, the last known address of the defendant and, if known, the address of the defendant’s next-of-kin or some other person who may know the defendant’s whereabouts.

(2) How Served. The clerk shall place copies of the process and complaint or another document to be served in envelopes addressed to the defendant at all of the defendant’s addresses as shown in the plaintiff’s affidavit and, where appropriate, in an envelope addressed to the defendant in care of the next-of-kin or other person who may know the defendant’s whereabouts as shown in plaintiff’s affidavit. The process shall notify the defendant that the defendant’s time is required to appear shall begin to run on the third day after the date shown on the postmark on the envelope. The clerk shall enter the fact of mailing on the docket sheet of the action.

(3) When Effective. Service by mail under this subparagraph shall be deemed complete on the third day after mailing, and the time for answering shall run from the third day after mailing.

(dc) District Court Rule. Rule 4.3 applies in the district courts. (Adopted 10/14/76, eff. 1/16/77) Committee Comments See Committee Comments following Rule 4.4.

Rule 4.4 Process: Basis For and Methods of Service in a Foreign Country

(a) Basis for Service in a Foreign Country. In any action in this state, service of process may be made in a foreign country, as provided herein, upon a person as outlined in Rule 4.2(a) who at the time of service of process is a nonresident of this state or is a resident of this state who is absent from this state and who can be found in a foreign country.

(b) Methods of Service in a Foreign Country. All service of process in a foreign country shall be made as set forth below except when service by publication is available under Rule 4.3 or when a different procedure is required under the terms of a treaty between the United States of America and the foreign country. Service in a foreign country under this rule shall include service by certified mail or some equivalent thereof requiring a signed receipt, tender by a process server, letters rogatory, service in the manner prescribed by the law of the foreign country, and service as directed by order of the court, and, each of the foregoing methods of service shall be deemed to confer in personam jurisdiction.

(1) Certified Mail or Its Equivalent. Service of the summons and complaint or other process or other documents to be served may be made by certified mail or its equivalent, which shall be any form of mail requiring a signed receipt and shall be made in the manner prescribed by Rule 4.2(b)(1).

(2) Delivery by a Process Server. Service of the summons or other process and complaint or another document to be served may be made by delivery by a process server in the manner prescribed by Rule 4.2(b)(2), provided that either the court in which the action is pending or a foreign court may designate the person to make service of process. When the defendant is an individual, service shall be complete by delivery to the individual personally. When the defendant is a corporation or partnership, or association, service shall be complete by delivery to an officer or a managing or general agent. Upon request, the clerk shall deliver the summons or other process to the plaintiff for transmission to the person or the foreign court or officer who will do the service.

(3) Letters Rogatory. Service of the summons and complaint or another document to be served may be made as directed by the foreign authority in response to letters rogatory when service is calculated to give actual notice.

(4) Under Law of Foreign Country. Service of the summons and complaint may be made in the manner prescribed by the foreign country’s law for service in that country in action in any of its courts of general jurisdiction when service is calculated to give actual notice.

(5) By Order of Court. Service of the summons or other process and complaint or another document to be served may be made as directed by the court’s order in which the action is pending.

(dc) District Court Rule. Rule 4.4 applies in the district courts. (Adopted 10/14/76, eff. 1/16/77; amended effective 10/1/95.)

Rule 45. Subpoena.

(a) Form; issuance.

(1) Every subpoena shall

(A) state the name of the court from which it is issued; and

(B) state the title of the action, the name of the court in which it is pending, and its civil action number; and

(C) command each person to whom it is directed to attend and give testimony or to produce and permit inspection and copying of designated books, documents, or tangible things in the possession, custody, or control of that person, or to permit inspection of premises, at a time and place therein specified; and

(D) set forth the text of subdivisions (c) and (d) of this rule. A command to produce evidence or permit inspection may be joined with a command to appear at trial or hearing or deposition or be issued separately.

(2) A subpoena commanding attendance at a trial or hearing and a subpoena commanding attendance at a deposition shall issue from the court in which the action is pending.

(3) The clerk shall issue a subpoena to a party requesting it, except that a subpoena for production or inspection, separate from a subpoena commanding the attendance of a person, shall issue from the court in which the action is pending under the additional requirements set forth below:

(A) Notice of Intent to Serve subpoena for Production or Inspection. The party seeking issuance of a subpoena for production or inspection shall serve a notice to every other party of the intent to serve a such subpoena upon the expiration of fifteen (15) days from the notice’s service. The proposed subpoena shall be attached to the notice. The court may allow a shorter or longer time. Such notice may be served without leave of court upon the expiration of forty-five (45) days after service of the summons and complaint or another mode of service under Rule 4-Rule 4.4 upon any defendant, except that leave is not required within the forty-five- (45-) day period if a defendant has previously sought discovery.

(B) Objection to Issuance of a subpoena for Production or Inspection. Any person or party may serve an objection to the issuance of a subpoena for production or inspection within ten (10) days of the service of said notice. In such an event, the subpoena shall not issue. The party serving the notice may move for an order under Rule 37 (a) concerning such objection. If no objection is timely served, the clerk shall cause the subpoena to be issued upon fifteen (15) days from the notice’s service or upon the expiration of such other time as may have been allowed by the court.

(C) Content of subpoena for Production or Inspection. The subpoena shall be directed to a person at a stated address. If the person’s name is not known, the subpoena shall give a general description sufficient to identify the person or the class or group to which the person belongs. The subpoena shall set forth the items to be inspected either by individual item or by category and describe each item and category with reasonable particularity. The subpoena shall specify a reasonable time no less than fifteen (15) days after service unless the court orders otherwise and the manner of making the inspection and performing the related acts. Such activities concerning documents or tangible things shall occur where the documents or tangible things are regularly kept or at some other reasonable place designated by the recipient. The subpoena may give the recipient an option to deliver or mail legible copies of documents or things to the party serving the subpoena. Still, the recipient may condition the preparation of copies on the payment in advance of the reasonable cost of making such copies. Any other party shall have the right to be present at the time of compliance with the subpoena. The subpoena shall advise the recipient of the right to object at any time before the date outlined in the subpoena for compliance therewith.

(D) Availability of Copies of Documents. Suppose the party serving the subpoena obtains copies of documents or things. In that case, that party shall make available a duplicate of such copies at the request of any other party upon paying the reasonable cost of making such copies.

(b) Service.

(1) A subpoena may be served by the sheriff, a deputy sheriff, or another person who is not a party and less than eighteen (18) years of age. Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person or by leaving a copy at the person’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein and, if the person’s attendance at a place more than 100 miles from the person’s residence is commanded, by tendering to that person the fees for one day’s attendance and an amount to reimburse the mileage allowed by law. Prior notice of intent to secure the issuance of a subpoena to command production of documents and things or inspection of premises before trial under the procedure outlined in subparagraph (a)(3) of this rule shall be served on each party in the manner prescribed by Rule 5 (b).

(2) Subject to the provisions of clause (ii) of subparagraph (c)(3)(A) of this rule, a subpoena may be served at any place within the state.

(3) Proof of service, when necessary, shall be made by filing with the clerk of the court by which the subpoena is issued a statement of the date and manner of service and of the names of the persons served, certified by the person who did the service.

(c) Protection of persons subject to subpoenas.

(1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. The court from which the subpoena was issued shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings and a reasonable attorney fee.

(2)

(A) A person commanded to produce and permit inspection and copying of designated books, papers, documents, or tangible things or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing, or trial.

(B) Subject to paragraph (d) (2) of this rule, a person commanded to produce and permit inspection and copying at any time before the time specified for compliance may serve upon the party or attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials or the premises. “Serve” as used herein means mailing to the party or attorney. If an objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials or inspect the premises except under the court’s order by which the subpoena was issued. If objection has been made, the party serving the subpoena may, upon notice to the person commanded to produce, move at any time for an order to compel the production. Such an order to compel production shall protect any person who is not a party or an officer of a party from significant expense resulting from the inspection and copying commanded.

(3)

(A) On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it

(i) fails to allow a reasonable time for compliance;

(ii) requires a resident of this state who is not a party or an officer of a party to travel to a place more than one hundred (100) miles from the place where that person resides, is employed or regularly transacts business in person, or requires a nonresident of this state who is not a party or an officer of a party to travel to a place within this state more than one hundred (100) miles from the place of service or, where separate from the place of service, more than one hundred (100) miles from the place where that person is employed or regularly transacts business in person, except that, subject to the provisions of clause (c)(3)(B)(iii) of this rule, such a person may attend trial be commanded to travel from any such place within the state in which the trial is held, or

(iii) requires disclosure of privileged or other protected matter and no exception or waiver applies, or

(iv) subjects a person to undue burden.

(B) If a subpoena

(i) requires disclosure of a trade secret or other confidential research, development, or commercial information, or

(ii) requires disclosure of an unretained expert’s opinion or information not describing specific events or occurrences in dispute and resulting from the expert’s study made not at the request of any party, or

(iii) requires a person who is not a party or an officer of a party to incur substantial expense to travel more than 100 miles to attend the trial; the court may protect a person subject to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, the court may order appearance or production only upon specified conditions.

(d) Duties in responding to subpoena.

(1) A person responding to a subpoena to produce documents shall produce them as they are kept in the usual business course or organize and label them to correspond with the categories in demand.

(2) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial preparation materials, the claim shall be made expressly. It shall be supported by a description of the nature of the documents, communications, or things not produced sufficient to enable the demanding party to contest the claim.

(e) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena was issued. An adequate cause for failure to obey exists when a subpoena purports to require a nonparty to attend or produce at a place not within limits provided by clause (ii) of subparagraph (c)(3)(A).

(dc) District court rule. Rule 45 applies in the district courts. (Amended eff. 10-1-95.)

OUR PROCESS

Documents can be faxed at (800) 296-0115, emailed ps@undisputedlegal.com or uploaded to our website. We do require prepayment and accept all major credit and debit cards. Once payment is processed, your sales receipt is immediately emailed for your records.

Drop-offs must call and make an appointment first to be added to building security to permit access to our office. Documents for service must be in a sealed envelope with payment in the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.; All documents will be received by our receptionist.

DOMESTIC COVERAGE AREAS:

Alaska | Alabama | Arkansas | Arizona | California | Colorado | Connecticut | District of Columbia | Delaware | Florida | Georgia | Hawaii | Iowa | Idaho | Illinois | Indiana | Kansas | Kentucky | Louisiana | Maryland | Massachusetts | Maine | Michigan | Minnesota | Mississippi | Missouri | Montana | North Carolina | North Dakota| Nebraska | New Hampshire | New Jersey | New Mexico | Nevada | New York | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Virginia | Vermont | Washington | West Virginia | Wisconsin | Wyoming

INTERNATIONAL COVERAGE AREAS:

Albania | Andorra | Anguilla | Antigua | Argentina | Armenia | Australia | Austria | Azerbaijan | Bahamas | Barbados | Belarus | Belgium | Belize | Bermuda | Bosnia and Herzegovina | Botswana | Brazil | British Honduras| British Virgin Islands | Bulgaria | Canada | Cayman Islands | Central and Southern Line Islands | Chile|China (Macao) | China People’s Republic | Colombia | Costa Rica | Country of Georgia | Croatia | Cyprus | Czech Republic| Denmark | Dominican Republic | Ecuador | Egypt | Estonia | Falkland Islands and Dependences | Fiji | Finland | France | Germany | Gibraltar | Gilbert and Ellice Islands | Greece | Guernsey | Hong Kong | Hungary | Iceland | India | Ireland | Isle of Man | Israel | Italy | Jamaica | Japan | Jersey Channel Islands | Jordan | Kazakhstan | Korea| Kuwait | Latvia | Lithuania | Luxembourg | Malawi | Malaysia | Malta | Mauritius | Mexico| MonacoMontenegro | Montserrat | Morocco | Namibia | Netherlands | New Zealand |Nicaragua | Norway | Pakistan | Panama | Paraguay | Peru | Philippines | Pitcairn |Poland | Portugal | Republic of Moldova | Republic of North Macedonia | Romania |Russian Federation | Saint Vincent and the Grenadines | San Marino | Saudi Arabia | Serbia| Seychelles | Singapore| Slovakia | Slovenia | South Africa | Spain | Sri Lanka | St. Helena and Dependencies | St. Lucia | Sweden | Switzerland | Taiwan | Thailand | Tunisia | Turkey | Turks and Caicos Islands| UkraineUnited Kingdom of Great Britain and Northern Ireland | Uruguay | US Virgin Islands | Uzbekistan | Venezuela | Vietnam

OFFICE LOCATIONS

New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201
Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375
Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556
Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606
Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830
New Jersey: (201) 630-0114 – 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 – 2200 Pennsylvania Avenue, 4 Fl East, Washington DC 20037

for assistance serving legal papers in alabama

Simply pick up the phone and call Toll Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your process service needs; no job is too small or too large!  For instructions on How To Serve Legal Papers in Alabama, Click Here!

Contact us for more information about our process serving agency. We are ready to provide service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington D.C.

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives” – Foster, William A

BLOG DISCLAIMER

The information contained herein has been prepared in compliance with Section 107 of the Copyright Act. Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works. The articles/Images contained herein serve as criticism, comment, news reporting, teaching, educational, and research-as examples of activities that qualify as fair use. Undisputed Legal Inc. is a Process Service Agency and “Not A Law Firm” therefore the articles/images contained herein are for educational purposes only, and not intended as legal advice.