Process Service

HAGUE CONFERENCE ON PRIVATE INTERNATIONAL LAW

The Governments of the countries hereinafter specified: the Federal Republic of Germany, Austria, Belgium, Denmark, Spain, Finland, France, Italy, Japan, Luxembourg, Norway, the Netherlands, Portugal, the United Kingdom of Great Britain and Northern Ireland, Sweden and Switzerland; In view of the permanent character of the Hague Conference on Private International Law; Desiring to stress that character; Having, to that end, deemed it desirable to provide the Conference with a Statute; Have agreed upon the following provisions:

Article 1

The purpose of the Hague Conference is to work for the progressive unification of the rules of private international law.

Article 2

(1) Members of the Hague Conference on Private International Law are the States which have already participated in one or more Sessions of the Conference and which accept the present Statute.

(2) Any other State, the participation of which is from a juridical point of view of importance for the work of the Conference, may become a Member. The admission of new Member States shall be decided upon by the Governments of the participating States, upon the proposal of one or more of them, by a majority of the votes cast, within a period of six months from the date on which that proposal is submitted to the Governments.

(3) The admission shall become effective upon the acceptance of the present Statute by the State concerned.

Article 3

(1) The Member States of the Conference may, at a meeting concerning general affairs and policy where the majority of Member States is present, by a majority of the votes cast, decide to admit also as a Member any Regional Economic Integration Organization which has submitted an application for membership to the Secretary General. References to Members under this Statute shall include such Member Organizations, except as otherwise expressly provided. The admission shall become effective upon the acceptance of the Statute by the Regional Economic Integration Organization concerned.

(2) To be eligible to apply for membership of the Conference, a Regional Economic Integration Organization must be one constituted solely by sovereign States, and to which its Member States have transferred competence over a range of matters within the purview of the Conference, including the authority to make decisions binding on its Member States in respect of those matters.

(3) Each Regional Economic Integration Organization applying for membership shall, at the time of such application, submit a declaration of competence specifying the matters in respect of which competence has been transferred to it by its Member States.

(4) Each Member Organization and its Member States shall ensure that any change regarding the competence of the Member Organization or in its membership shall be notified to the Secretary General, who shall circulate such information to the other Members of the Conference.

(5) Member States of the Member Organization shall be presumed to retain competence over all matters in respect of which transfers of competence have not been specifically declared or notified.

(6) Any Member of the Conference may request the Member Organization and its Member States to provide information as to whether the Member Organization has competence in respect of any specific question which is before the Conference. The Member Organization and its Member States shall ensure that this information is provided on such request.

(7) The Member Organization shall exercise membership rights on an alternative basis with its Member States that are Members of the Conference, in the areas of their respective competences.

(8) The Member Organization may exercise on matters within its competence, in any meetings of the Conference in which it is entitled to participate, a number of votes equal to the number of its Member States which have transferred competence to the Member Organization in respect of the matter in question, and which are entitled to vote in and have registered for such meetings. Whenever the Member Organization exercises its right to vote, its Member States shall not exercise theirs, and conversely.

(9) “Regional Economic Integration Organization” means an international Organization that is

constituted solely by sovereign States, and to which its Member States have transferred competence over a range of matters, including the authority to make decisions binding on its Member States in respect of those matters.

Article 4

(1) The Council on General Affairs and Policy (hereafter “the Council”), composed of all Members, has charge of the operation of the Conference. Meetings of the Council shall, in principle, be held annually.

(2) The Council ensures such operation through a Permanent Bureau, the activities of which it directs.

(3) The Council shall examine all proposals intended to be placed on the Agenda of the Conference. It shall be free to determine the action to be taken on such proposals.

(4) The Netherlands Standing Government Committee, instituted by Royal Decree of 20 February1897 with a view to promoting the codification of private international law, shall, after consultation with the Members of the Conference, determine the date of the Diplomatic Sessions.

(5) The Standing Government Committee shall address itself to the Government of the Netherlands for the convocation of the Members. The Chair of the Standing Government Committee presides over the Sessions of the Conference.

(6) The Ordinary Sessions of the Conference shall, in principle, be held every four years.

(7) If necessary, the Council may, after consultation with the Standing Government Committee, request the Government of the Netherlands to convene the Conference in Extraordinary Session.

(8) The Council may consult the Standing Government Committee on any other matter relevant tothe Conference.

Article 5

(1) The Permanent Bureau shall have its seat at The Hague. It shall be composed of a Secretary General and four Secretaries who shall be appointed by the Government of the Netherlands upon presentation by the Standing Government Committee.

(2) The Secretary General and the Secretaries must possess appropriate legal knowledge and practical experience. In their appointment account shall also be taken of diversity of geographic representation and of legal expertise.

(3) The number of Secretaries may be increased after consultation with the Council and in accordance with Article 10.

Article 6

Under the direction of the Council, the Permanent Bureau shall be charged with –

a) the preparation and Organization of the Sessions of the Hague Conference and the meetings ofthe Council and of any Special Commissions;

b) the work of the Secretariat of the Sessions and meetings envisaged above;

c) all the tasks which are included in the activity of a secretariat.

Article 7

(1) With a view to facilitating communication between the Members of the Conference and the Permanent Bureau, the Government of each of the Member States shall designate a national organ and each Member Organization a contact organ.

(2) The Permanent Bureau may correspond with all the organs so designated and with the competent international Organizations.

Article 8

(1) The Sessions and, in the interval between Sessions, the Council, may set up Special Commissions to prepare draft Conventions or to study all questions of private international law which come within the purpose of the Conference.

(2) The Sessions, Council and Special Commissions shall, to the furthest extent possible, operate on the basis of consensus.

Article 9

(1) The budgeted costs of the Conference shall be apportioned among the Member States of the Conference.

(2) A Member Organization shall not be required to contribute in addition to its Member States to the annual budget of the Conference, but shall pay a sum to be determined by the Conference, in consultation with the Member Organization, to cover additional administrative expenses arising out of its membership.

(3) In any case, traveling and living expenses of the delegates to the Council and the Special Commissions shall be payable by the Members represented.

Article 10

(1) The budget of the Conference shall be submitted each year to the Council of Diplomatic Representatives of the Member States at The Hague for approval.

(2) These Representatives shall also apportion among the Member States the expenses which are charged in that budget to the latter.

(3) The Diplomatic Representatives shall meet for such purposes under the chairmanship of the Minister of Foreign Affairs of the Kingdom of the Netherlands.

Article 11

(1) The expenses resulting from the Ordinary and Extraordinary Sessions of the Conference shall be borne by the Government of the Netherlands.

(2) In any case, the traveling and living expenses of the delegates shall be payable by the respective Members.

Article 12

The usages of the Conference shall continue to be observed on all points, unless contrary to the present Statute or to the Regulations.

Article 13

(1) Amendments to the Statute must be adopted by consensus of the Member States present at a meeting concerning general affairs and policy.

(2) Such amendments shall enter into force, for all Members, three months after they are approved by two thirds of the Member States in accordance with their respective internal procedures, but not earlier than nine months from the date of their adoption.

(3) The meeting referred to in paragraph 1 may change by consensus the periods of time referred to in paragraph 2.

Article 14

To provide for their execution, the provisions of the present Statute will be complemented by Regulations. The Regulations shall be established by the Permanent Bureau and submitted to a Diplomatic Session, the Council of Diplomatic Representatives or the Council on General Affairs and Policy for approval.

Article 15

(1) The present Statute shall be submitted for acceptance to the Governments of States which participated in one or more Sessions of the Conference. It shall enter into force as soon as it is accepted by the majority of the States represented at the Seventh Session.

(2) The statement of acceptance shall be deposited with the Netherlands Government, which shall make it known to the Governments referred to in the first paragraph of this Article.

(3) The Netherlands Government shall, in the case of the admission of a new Member, inform all Members of the declaration of acceptance of that new Member.

Article 16

(1) Each Member may denounce the present Statute after a period of five years from the date of its entry into force under the terms of Article 15, paragraph 1.

(2) Notice of the denunciation shall be given to the Ministry of Foreign Affairs of the Kingdom of the Netherlands at least six months before the expiration of the budgetary year of the Conference, and shall become effective at the expiration of the said year, but only with respect to the Member which has given notice thereof.

*The Statute was adopted during the Seventh Session of the Hague Conference on Private International Law on 31 October 1951 and entered into force on 15 July 1955. Amendments were adopted during the Twentieth Session on 30 June 2005 (Final Act, C), approved by Members on 30 September 2006 and entered into force on 1 January 2007.

As of 30 June 2005, in addition to the founding Member States mentioned in the Preamble, the following States had accepted the Statute: Albania, Argentina, Australia, Belarus, Bosnia and Herzegovina, Brazil, Bulgaria, Canada, Chile, People’s Republic of China, Croatia, Cyprus, Czech Republic, Egypt, Estonia, Georgia, Greece, Hungary, Iceland, Ireland, Israel, Jordan, Republic of Korea, Latvia, Lithuania, Malaysia, Malta, Mexico, Monaco, Morocco, New Zealand, Panama, Paraguay, Peru, Poland, Romania, Russian Federation, Serbia and Montenegro, Slovak Republic, Slovenia, South Africa, Sri Lanka, Suriname, The former Yugoslav Republic of Macedonia, Turkey, Ukraine, United States of America, Uruguay, Venezuela.

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FEDERAL RULES OF CIVIL PROCEDURE FOR PROCESS SERVICE

Disclaimer: Due to the rapidly changing nature of the law, there will be times when the material on this site will not be current. It is provided for general information purposes only 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 whatsoever 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 New York Judiciary and Courts, which can be found at the United States Court website.

PROCESS SERVICE

(1) In General. A summons must be served with a copy of the

complaint. The plaintiff is responsible for having the summons and complaint served within the time allowed by Rule 4(m) and must furnish the necessary copies to the person who makes service.

(2) By Whom. Any person who is at least 18 years old and not a party may serve a summons and complaint.

(3) By a Marshal or Someone Specially Appointed. At the plain- tiff’s request, the court may order that service be made by a United States marshal or deputy marshal or by a person specially appointed by the court. The court must so order if the plaintiff is authorized to proceed in forma pauperis under 28 U.S.C. § 1915 or as a seaman under 28 U.S.C. § 1916. Continue reading

Civil Practice Law and Rules § 314

Service without the state not giving personal jurisdiction in certain actions.

Service without the state not giving personal jurisdiction in certain actions. Service may be made without the state by any person authorized  by  section 313 in the same manner as service is made within the state:

    1. in a matrimonial action; or

    2. where a judgment is demanded  that  the  person  to  be  served  be excluded  from  a vested or contingent interest in or lien upon specific real or personal property within the state; or that such an interest or lien  in  favor of either party be enforced, regulated, defined or limited; or otherwise affecting the title to such property, including an action of interpleader or defensive interpleader; or

    3. where a levy upon property of the person to be served has been made within the state pursuant to an order of attachment or a chattel of such person has been seized in an action to recover a chattel.

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Civil Practice Law and Rules § 313

Service without the state giving personal jurisdiction

Service  without  the state giving personal jurisdiction.   A person domiciled in the state or subject  to  the  jurisdiction  of  the courts  of  the  state  under  section  301  or  302, or his executor or administrator, may be served with the summons without the state, in  the same  manner  as  service  is  made  within  the  state,  by  any person authorized to make service within the state who is  a  resident  of  the state  or  by  any  person authorized to make service by the laws of the state, territory, possession or country in which service is made  or  by any duly qualified attorney, solicitor, barrister, or equivalent in such jurisdiction.

For information on Serving Divorce Papers visit www.undisputedlegal.com.  Open Monday – Friday 8am-8pm.  “When you want it done right the first time” contact undisputedlegal.com

Civil Practice Law and Rules § 308

Personal Service upon a natural person

Personal service upon a natural person shall be made by any of the following methods:

1. by delivering the summons within the state to the person to be served;  or

2. by delivering the summons within the state to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by either mailing the summons to the person to be served at his or her last known residence or by mailing the summons by first class mail to the person to be served at his or her actual place of business in an envelope bearing the legend “personal and confidential” and not indicating on the outside thereof, by return address or otherwise, that the communication is from an attorney or concerns an action against the person to be served, such delivery and mailing to be effected within twenty days of each other;  proof of such service shall be filed with the clerk of the court designated in the summons within twenty days of either such delivery or mailing, whichever is effected later;  service shall be complete ten days after such filing;  proof of service shall identify such person of suitable age and discretion and state the date, time and place of service, except in matrimonial actions where service hereunder may be made pursuant to an order made in accordance with the provisions of subdivision a of section two hundred thirty-two of the domestic relations law ;  or

3. by delivering the summons within the state to the agent for service of the person to be served as designated under rule 318 , except in matrimonial actions where service hereunder may be made pursuant to an order made in accordance with the provisions of subdivision a of section two hundred thirty-two of the domestic relations law ;

4. where service under paragraphs one and two cannot be made with due diligence, by affixing the summons to the door of either the actual place of business, dwelling place or usual place of abode within the state of the person to be served and by either mailing the summons to such person at his or her last known residence or by mailing the summons by first class mail to the person to be served at his or her actual place of business in an envelope bearing the legend “personal and confidential” and not indicating on the outside thereof, by return address or otherwise, that the communication is from an attorney or concerns an action against the person to be served, such affixing and mailing to be effected within twenty days of each other;  proof of such service shall be filed with the clerk of the court designated in the summons within twenty days of either such affixing or mailing, whichever is effected later;  service shall be complete ten days after such filing, except in matrimonial actions where service hereunder may be made pursuant to an order made in accordance with the provisions of subdivision a of section two hundred thirty-two of the domestic relations law ;

5. in such manner as the court, upon motion without notice, directs, if service is impracticable under paragraphs one, two and four of this section.

6. For purposes of this section, “actual place of business” shall include any location that the defendant, through regular solicitation or advertisement, has held out as its place of business.

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FLORIDA PROCESS SERVER RULES AND REQUIREMENTS

Under Florida law, only sheriffs and certified process servers can serve civil process. Fla. Stat. § 48.021; Fla. Stat. § 48.27. Requirements for certification vary by county and judicial circuits, but many judicial circuits have become involved in oversight of process servers. For example, the second and fifth judicial circuits have each adopted rules regarding certification and have Certified Civil Process Server Review Boards. (See, e.g., Fifth Circuit appended court order.) The circuits have also imposed education requirements. New applicants for certification must attend a two- to three-hour seminar and take a 45-question, multiple choice exam. The exam is given once a year. Upon renewal of their certification on their second year, process servers must take again the seminar and exam.1 

Applicable Provisions: 

Florida Statute § 48.021 – process; by whom served
Florida Statute § 48.27 – certified process servers
Florida Statute § 48.29 – certification of process servers
Florida Statute § 48.31 – removal of certified process servers; false return of service Florida Rule of Civil Procedure 1.070 – process 

Florida Second Judicial Circuit AO 2008-21 (2008) 

DISTRICT OF COLUMBIA PROCESS SERVER LAWS AND REQUIREMENTS

By: Undisputed Legal/Process Service Department

The District of Columbia does not have any educational or registration requirements for private process servers. The Superior Court Rule of Civil Procedure (4)(c)(2) provides as follows: 

Service may be effected by any person who is not a party and who is at least 18 years of age. At the request of the plaintiff, however, the Court may direct that service be effected by a United States marshal, deputy United States marshal, or other person or officer specially appointed by the Court for that purpose. Such direction shall be made only (a) when service is to be effected on behalf of the United States or an officer or agency thereof, or (b) when the Court issues an order stating that service by a United States marshal or deputy United States marshal or a person specially appointed for that purpose is required in order that service be properly effected in that particular action. 

Delaware Process Server Laws & Requirements

By: Undisputed Legal/Process Service Department

The requirements for process servers in the state of Delaware vary by court. The Court of Chancery, the Court of Common Please, and the Justice of the Peace Courts all require registration for special process servers. 

Court – Requirement

Court of ChanceryAnnual registration requirement/No education requirement

Superior Court -No Requirements

Family CourtDelaware Family Court Civil Rule 4(c) requires that “[s]ervice of process shall be made by the sheriff to whom the writ is directed, by a sheriff’s deputy, by a deputy designated and sworn by the Chief Judge, or by some person specially appointed by the Court for that purpose. . . “

Court of Common PleasAnnual registration requirement. The court has developed a packet with guidance for applicants. There is no separate court order outlining the process.

Justice of the PeaceAnnual registration process. The court has developed a packet with guidance for applicants. There is no separate court order outlining the process. Process servers must complete an application and undergo a criminal justice background check.

Process Service on New Jersey Secretary of State

By: Undisputed Legal/Process Service Department

Service of process upon the Secretary of State shall be made by leaving the original and a copy of the summons and 2 copies of the complaint, with a fee of $20.00 in the hands of the Secretary of State, or someone designated by him in his office, and such service shall be sufficient service upon the nonresident operator, pilot or owner, if

(a) Notice of such service and a copy of the summons, with a copy of the complaint, are forthwith sent by registered mail to the defendant by the Secretary of State, or someone designated by him in his office; and

PROCESS SERVER LAWS & REQUIREMENTS IN CONNECTICUT 

By: Undisputed Legal/Process Service Department

In Connecticut, state statutes as a general rule prescribe civil service of process to state marshals, constables, Process Servers or “other proper officer[s] authorized by statute.” Conn. Gen. Stat. § 52-50(a). 

A State Marshal Commission is established by state statute. Conn. Gen. Stat. § 6-38b. State law mandates that the State Marshal Commission “establish professional standards, including training requirements and minimum fees for execution and service of process.” § 6-38b(f). State regulations detail the qualifications of state marshals, Conn. Agencies Regs. § 6-38b-1, the application process, § 6-38b-2, the examination they must take, § 6-38b-3, and, training that they must attend. § 6-38b-4. The regulations also contain “standards of conduct” for state marshals. § 6-38b-6.