The procedure that is followed by a party to a given lawsuit gives the appropriate notice of the first legal action to another second party is known as legal process service. The other party can either be a defendant, administrative body or a court. The main aim of the legal process service is to ensure that it exercises jurisdiction over the party to enable them respond to proceedings before a court, a body or any other tribunal. To give the appropriate notice, it has to be accompanied by court documents which include summons and any other document that is related commonly referred to as process. These documents are required to be served to the person personally or in some cases, it can be done to another person who is of a suitable age either at the residence, place of employment or business of the person. A proof of service document that shows the time the service was done, the place, the person who received it as well as any other information needed is a key requirement once the process has been served. Other than the responsible individual being served, there may be agents who accepts the process from the process servers on behalf of the defendant such as when it is being served to corporations that work with the public in a given region.
A proper legal process service requires that the personal jurisdiction of the given court is established over the person who is being served. The administrative body or the court is likely to find the defendant in default and award a relief to the petitioner, claimant or the plaintiff in case the defendant ignores the process including further pleading or doesn’t attend the proceedings. In most states, court officials such as sheriff, constable, marshal or a bailiff are required to serve the legal process. There maybe private legal process servers who require to be licensed by the responsible regulatory body.
Substituted services, service by the use of mail, voluntary acceptance of the service as well as personal service by the process server are some of the ways through which processes are served. Substituted service is where the process server is allowed to leave the legal process service documents with another individual who is responsible if the individual being served is unavailable. Service by the use of the mail is used when the person is not present in the given state as long as the destination country has not filed any objection against service by the mail. A defendant may voluntarily agree of having received the petition or complaint without the engagement of a process server in a manner known as voluntary acceptance of the service. A process server may serve the petition, summons or complaint directly to the defendant in a manner known as personal service by the process server.