- Process server procedures are regulated by the Federal Rules of Civil Procedure.white colonnade image by Furan from Fotolia.com
When a petitioner brings a lawsuit against a defendant, the petitioner must provide the defendant with notice of the proceedings. This notice is referred to as civil process. A process server will deliver the petition or other legal document to the defendant. You must follow rules and procedures to be in compliance with laws for process servers. These process server procedures may vary from state to state; however, the basis for these procedures is the same. - A basic element of process server procedures that is enforced in every state is the summons form itself. According to the Federal Rules of Civil Procedure, the summons form must bear the seal of the court and the signature of the clerk of the court. Also according to process server procedures and the Federal Rules of Civil Procedure, the summons form delivered by the server must contain the names of both parties and the parties' attorneys, if applicable.
- Procedures require that the process server provide proof of service, which must be returned to the plaintiff's attorney.
- Some states, such as Oklahoma, require a process server to be licensed whereas some states, such as Maine, do not require a process server be licensed. In Iowa, any person who is not a party to the lawsuit or an attorney for either party can serve notice of the proceedings.
In Oklahoma and many other states that require process servers to be licensed, the procedures also require that the individual be bonded. - Process server procedures in some states prohibit service on particular days, such as Sundays in Maine and Rhode Island.
Summons Form
Return of Service
Licensing Procedures
Prohibited Days
SHARE