Ways In Which Legal Documents Can Be Served
Process service represents the delivery of a court document to another person, or party. As with all things legal, there are rules of the court to follow when serving legal documents and to do it in any other way could have negative consequences. On top of that, court documents must be delivered in such a way that it will,”give actual notice”, and draw the other party’s attention. Moving on in this blog post, we will underline the most safe and efficient ways to provide ‘service’, but first, let us begin with what documents should be served.
Documents to Serve
In short, documents that essentially initiate court proceedings are the most common ones that need proper service, also known as the ‘originating process’. These include a summons, statement of claims, a writ, or a motion.
Limits to Service
The strictest limit is often time. The length of time is determined by your local state laws but they represent essentially a time limit within which you must make your claim to the opposing party and begin the service.
How Should You Serve Your Court Documents?
The safest ways to serve an originating process is personal service. To perform this task personally simply requires you to hand-deliver the document to the other party. If you are delivering it to a company, serve it at one of their registered offices. If you are delivering it to a person, or including his company, it is best to employ a professional process server to carry out the service as there are many potential pitfalls that may turn the court against you.
Can Documents be Served Online?
Yes, but there are certain conditions you must be aware of. The defendant must have legally confirmed that they will accept service through emails,or if you get an order for alternative service from the court. alternative service includes service by email, substituted service, or service by publication. Providing service through social media is still not looked favorably upon by courts, but this might change in the future.
At the end of the day, the point behind these rules is to ensure the defendant has had advance notice of the claims laid before her/him. As such, they must have been privy to that knowledge and given “actual notice.”. Whatever methods you use to deliver that service must conform to this.
About Process Service Network
Process Service Network is an experienced domestic and international process server. With more than 44 years of experience, you can trust us to serve your legal documents anywhere in the world. Contact us today for more information.
