A Brief History of Process Serving

Process serving has a history that spans centuries. The purpose of serving process is to ensure a fair and just legal system by providing notice during legal disputes.  Process serving has certainly evolved along with the changing times. Technology and sociological advancements have redefined the landscape of process serving. Let’s take a look at the history. 

The Beginning

The practice of process serving can be traced back to ancient times. In early Rome, the person responsible for delivering court summonses and other legal documents was called a “nuntius.”  In medieval England, the term “summoner” was given to individuals responsible for the same.

Development and Practice

As time went on, a more formal approach was developed and the execution of process serving became a bit more dignified. By the 12th century, "bailiffs" were appointed by the courts to deliver court documents and ensure proper delivery. By the mid 14th century, requirements were developed and refined by the implementation of statutes.  These laws would address the importance of direct delivery to the party or defendant for service.

Early Modern Period

With modern industrialization taking off during the 19th century, process serving began to adapt and change along with the times. For example, as cities grew and people began to move with more frequency, process servers began to have difficulty locating and serving individuals. Skip tracing, stake outs and surveillance were utilized with increasing frequency in order to perfect individual service.

Changing Laws

In the 20th century, legal reforms and advancements further changed the landscape of process serving. For example, laws now specifically addressed process serving, what constitutes legal service, due process, and the different types of service and the requirements for each became a standard for each specific court or municipality.  

In addition, technology became a tool much as it is today when tasked with serving a hard to locate individual or party refusing service.  An internet connection and a cell phone now made research on a proprietary database, e-filing, digital document delivery and even service by email or social media a reality in the legal world.

Challenges

While change within the process serving industry has been marked with improvement, there are still challenges to be overcome. Individuals still lie and attempt to evade service. As a result, process servers must employ various methods and techniques to ensure proper service. They must stay up to date with the various laws, regulations and techniques necessary to ensure effective service of process.

The Future of Process Serving

Technological advancements in the legal field will continue to evolve, and process servers will need to adapt in kind. Electronic service, advancements in automation, and artificial intelligence may shape the future of process serving and the legal field in general. 

However, while these advancements have and likely will continue to have their place when it comes to efficiency and automation, the human element will likely have the same weight and merit when it comes to navigating complex legal situations requiring proper personal service.

In conclusion, process serving has a long history that has evolved along with the changes in society and especially with the advancement of technology.  Throughout history, process servers have played a critical role in the legal system.  Embracing technology without losing perspective of the human element will allow process servers to continue  providing excellent service and meet the legal requirements of due process.

Thank you for using Capital Discovery Solutions for all of your needs for a process server in Columbus Ohio.