Service of process is a critical initial step in any lawsuit or legal proceeding. Its intent is to make sure that individuals or entities receive proper notice of their involvement in pending legal proceedings. This post will cover the basic steps of serving process and the fundamental steps or procedures required to serve that summons, subpoena, or other legal related documents.
Commencement of a Legal Action: The process usually begins when a party seeking legal action prepares the necessary documents for service of process. These might be prepared by an individual in a small claims matter, or their attorney. The documents are then presented to a process server for delivery.
Locating the Respondent or Recipient: Sometimes the process server will be tasked with locating the individual for service in addition to serving them. This is commonly referred to as a skip trace. This might include a little bit of detective work including, but not limited to: proprietary database searches, public records, interviewing neighbors and known associates, and surveillance.
Personal Service: This is a straightforward delivery of the documents to the intended individual for service. It is the most common and preferred method for service of process. After identifying the individual for service, they will hand the papers to the person or place the documents within their reach, remaining calm and impartial throughout the interaction.
Alternate Methods of Service: Depending on the state and court of origin, alternate methods of service may be utilized if service to the intended recipient is not possible. Sometimes known as Residential, or Substituted Service, this is when the documents are left with a party or family member of age that resides with the person to be served. Other methods include service by certified mailing or publication.
Return of Service or Proof of Service: Upon completion of service, the process server will provide a return of service or affidavit of service indicating the details of successful service, or an affidavit of non service if service was unsuccessful. This document is provided to the party requesting service, or is delivered to the court for inclusion in the case file. Without proof of service, legal proceedings can not proceed.
Deadlines: Since many documents for service are intended to notify of impending legal actions, hearings and other time bound events, most documents include deadlines for proper service. Efficient time management and communication skills are essential for process servers.
Service of Process typically follows several key steps for effective service. From initial document preparation, locating the individual for service, delivering the documents, and providing proof of service to the court, process servers play an integral role in the justice system ensuring justice has a chance to prevail.
Thank you for using Capital Discovery Solutions for all of your needs for a process server in Columbus Ohio.
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