Process Server is a person who handles tasks related to the court of law. He does activities such as filing cases, document retrievals and managing legal documents. It is usually a procedure which is performed by a lawsuit. They proceed with providing legal actions to another party or to court or any administrative body. It enables a person to respond to legal procedures of the court. Notice is given by the authorities to deliver a set of legal documents which are termed as “Process”. “Service” is the summons or related documents which are served upon defendants personally or under any official. However, each jurisdiction has their own rules regarding the type of service of process servers they provide. They may vary from region to region.
In some cases, the service of process is performed through mails or through procedural court orders which include publication, if an individual is not located in a particular jurisdiction. The service of subsequent documents is different from new zealand process servers. This may include pleadings and motion papers which are sought between parties to litigations. These rules vary from country to country too, although the legal steps may be similar. In United States of America, it is handled by Federal Rules of Civil Procedures. In Canada, they differ depending on the type of the case from province to province.
Earlier, in many countries, people did not have legal rights to know, if there were any legal proceedings against them. The services such as summons were considered as a royal act and they came from the King’s court and which required responses to be given to King’s loyal subjects. After the Fifth and Fourteenth Amendments in United States of America, the required changes were made. The process servers was initiated, which is serving the beneficiaries with the notice from process of law. It is the citizens constitutional right too.
Types of Process Servers:
- Personal Service: It is type of process service which gives summons, complaints or petitions to parties. It is the most dependable and efficient way to ensure compliance and opportunity. The compliance is imposed on the defendants due to constitutional process requirements and also gives the chance to be heard. In the United States of America, it is the most required to prove process service.
- General Laws: In most of the states, for a person to serve the process requires minimum of eighteen years of age or older. They should not be a part of litigation too. In order to serve in most jurisdictions, they must be a sheriff or a constable. They have to undergo written examination and ninety days of training
- Civil Laws: In some countries like France, Netherlands etc. they follow continental legal system in which the process service is conducted by court bailiff.
- Services which are performed by mail: It is usually performed, if defendants are located in other states or in foreign countries.
- Substituted Service: These allow process servers to leave documents with other responsible individuals, in absence of the particular individual party. Another method is known as service of Publication” or “Constructive Service or notice”. In this, if the defendant is intentionally unavailable or is hiding, then the judge can order a sworn declaration.
- International Service: This procedure requires interference of consular or diplomatic channels of the defendant’s country.
- Voluntary Acceptance of Service: It is also called waiver of service, it means that serving parties willingly admit the receipt of complaint. Thus, it does not require engaging a process server.