Process service, also known as “service of process,” is the procedure employed to give appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body, or other tribunal. Notice is furnished by delivering a set of court documents (called “process“) to the person to be served, process service is performed by a process server.
A process server is a private citizen (i.e., retired judge, law enforcement, attorney, legal professional etc.) who meet the requirements within the state/county/country in which they operate.Their job is to deliver legal documentsto federal, state, city agencies, corporations, private businesses and the general public, to inform them they are involved in a court action.Thesedocuments range from family court documents, (i.e., divorce, child support, custody, orders of protection etc.) supreme court documents (i.e., writs, subpoenas, summons and complaints etc.) and civil court documents (i.e., evictions, small claims issues etc.)
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 authorizedbysection 313 in the same manner as service is made within the state:
1. in a matrimonial action; or
2. where a judgment is demandedthatthepersontobeservedbe excludedfroma vested or contingent interest in or lien upon specific real or personal property within the state; or that such an interest or lieninfavor 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.
Service without the state giving personal jurisdiction
Servicewithoutthe state giving personal jurisdiction. A person domiciled in the state or subjecttothejurisdictionofthe courtsofthestateundersection301or302, or his executor or administrator, may be served with the summons without the state, inthe samemannerasserviceismadewithinthestate,byany person authorized to make service within the state who isaresidentofthe stateorbyanyperson authorized to make service by the laws of the state, territory, possession or country in which service is madeorby any duly qualified attorney, solicitor, barrister, or equivalent in such jurisdiction.
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.
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 Chancery –Annual registration requirement/No education requirement
Superior Court -No Requirements
Family Court–Delaware 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 Pleas–Annual registration requirement. The court has developed a packet with guidance for applicants. There is no separate court order outlining the process.
Justice of the Peace–Annual 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.
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
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.
Colorado does not have any education or registration requirements for private process servers. Colorado Rule of Civil Procedure 4(d) provides as follows:
(d) By Whom Served. Process may be served within the United States or its Territories by any person whose age is eighteen years or older, not a party to the action. Process served in a foreign country shall be according to any internationally agreed means reasonably calculated to give notice, the law of the foreign country, or as directed by the foreign authority or the court if not otherwise prohibited by international agreement.
California does not require training, education or licensing for civil process servers.The state, however, does require registration of individuals who serve more than 10 services of process within the state in one year for compensation. Cal. Bus. & Prof. Code § 22350. Process servers register with the county clerk of the county in which they reside or have their principal place of business. Process server organizations must also register.
An Arkansas Supreme Court Order governs the regulation of private process servers in Arkansas. The Order requires appointment of private process servers by the administrative judge of a judicial district or any judge of a circuit court designated by the administrative judge. Ar. Sup. Ct. Admin. Order 20. The Order also sets out minimum qualifications, see Order 20(b), including:
(1) be not less than eighteen years old and a citizen of the United States;
(2) have a high school diploma or equivalent;
(3) not have been convicted of a crime punishable by imprisonment for more than one year or a crime involving dishonesty or false statement, regardless of the punishment;