How to Serve Court Papers
Know who can serve papers., Know who to serve., Serve the papers on time., Locate the respondent., Include all the necessary documents., Obtain and file a Proof of Service.
Step-by-Step Guide
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Step 1: Know who can serve papers.
If you are the petitioner—the party responsible for starting the case—you are not allowed to serve the papers.
You must ask a third party who is unrelated to the case to do it for you.
The individual serving the papers must be 18 years of age or older.
The individual must not have a direct interest in the case.
In other words, he or she cannot be the petitioner or part of the respondent.
You can ask a friend, relative, co-worker, or anyone else you know if that individual meets these basic restrictions.
This individual may need to be approved by the court beforehand, though.
Alternatively, you can hire a professional to serve court papers, instead.
You can usually find these professionals listed under "Process Servers" in a phone book or business directory.
You can usually ask the sheriff, marshal, or constable to serve the court papers for a fee, as well. -
Step 2: Know who to serve.
If you are suing one individual, you only need to serve that individual.
If you are suing multiple individuals, you must serve each person you are suing.
If you are suing a business partnership, serve one of the partners.
Serve both partners only if you are suing the business and the partners separately.
If you are suing a corporation, serve an officer of the corporation or their agent for service.
If you are suing your landlord, serve the owner of the property you are renting.
If you are suing the county, serve the county clerk.
If you are suing the city, serve the city clerk.
If you are suing the state, serve the Attorney General's office.
The respondent must be in the state you file your petition in unless you are suing the owner of a property who lives outside of the state or the owner/driver of a car who lives outside of the state. , The deadline for serving papers can vary by state, but usually, you must serve the papers to the respondent at least eight days before your court date.In some instances, you may need to serve the papers up to 30 days before the court date.
For instance, if you serve papers using substituted service to someone outside of the county, you must do so at least 30 days before the court date.
Check with the court when you file your petition to find out what your deadline is.
Typically, papers can be served any day of the week except for Sunday.
Petitions that include an order of protection can be served all seven days of the week and must be served 24 hours before a court date. , In most instances, there will be plenty of time in between the date you file your petition and your scheduled court date.
If you do not already know where the respondent is, you will need to find that party yourself or hire a process server to do the job for you.If you are unable to find the respondent, you must give the judge a written list of all the methods you attempted to locate and serve the other party.
Include as many details as possible, including dates and places you went to in an attempt to find the respondent.
If you can prove that you have made every reasonable effort to serve the papers, the judge may set a new date for the case and ask you to try further, or he/she might give you permission to serve the papers in another way (mail, substitution, or publication). , When you file your petition, there are a few papers you will need to take with you when exiting the courthouse.
These are the papers you need to serve to the respondent.
A "summons" or "order to show cause" tells the respondent to appear at court on a certain date.
You will also need to serve a copy of the petition you filed.
If there has been a temporary order of any kind, that paper must also be served to the respondent.
Note that you will receive a "Proof of Service" or "Affidavit of Service" form, as well, but this form will not be served. , A "Proof of Service" form is a legal document that shows the court that you did your duty in serving the papers correctly.
This form must be filled out after you served the papers and submitted to the court before your case.An example of a "Proof of Service" form is here: http://www.courts.ca.gov/documents/pos020.pdf The form must include the location and date on which the papers were served.
You must also indicate who the papers were served to and provide a physical description of that person.
The name and address of the person who served the papers to the respondent must also be provided.
Typically, this form must be notarized.
The individual who served the papers must sign it in front of a notary public.
The respondent does not need to sign the form, however.
Give the original completed form to the judge when you go to court.
Note that in some states, like California, you must file the form with the court at least five days before your court date.
Keep a copy of the form for your own records, as well. -
Step 3: Serve the papers on time.
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Step 4: Locate the respondent.
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Step 5: Include all the necessary documents.
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Step 6: Obtain and file a Proof of Service.
Detailed Guide
If you are the petitioner—the party responsible for starting the case—you are not allowed to serve the papers.
You must ask a third party who is unrelated to the case to do it for you.
The individual serving the papers must be 18 years of age or older.
The individual must not have a direct interest in the case.
In other words, he or she cannot be the petitioner or part of the respondent.
You can ask a friend, relative, co-worker, or anyone else you know if that individual meets these basic restrictions.
This individual may need to be approved by the court beforehand, though.
Alternatively, you can hire a professional to serve court papers, instead.
You can usually find these professionals listed under "Process Servers" in a phone book or business directory.
You can usually ask the sheriff, marshal, or constable to serve the court papers for a fee, as well.
If you are suing one individual, you only need to serve that individual.
If you are suing multiple individuals, you must serve each person you are suing.
If you are suing a business partnership, serve one of the partners.
Serve both partners only if you are suing the business and the partners separately.
If you are suing a corporation, serve an officer of the corporation or their agent for service.
If you are suing your landlord, serve the owner of the property you are renting.
If you are suing the county, serve the county clerk.
If you are suing the city, serve the city clerk.
If you are suing the state, serve the Attorney General's office.
The respondent must be in the state you file your petition in unless you are suing the owner of a property who lives outside of the state or the owner/driver of a car who lives outside of the state. , The deadline for serving papers can vary by state, but usually, you must serve the papers to the respondent at least eight days before your court date.In some instances, you may need to serve the papers up to 30 days before the court date.
For instance, if you serve papers using substituted service to someone outside of the county, you must do so at least 30 days before the court date.
Check with the court when you file your petition to find out what your deadline is.
Typically, papers can be served any day of the week except for Sunday.
Petitions that include an order of protection can be served all seven days of the week and must be served 24 hours before a court date. , In most instances, there will be plenty of time in between the date you file your petition and your scheduled court date.
If you do not already know where the respondent is, you will need to find that party yourself or hire a process server to do the job for you.If you are unable to find the respondent, you must give the judge a written list of all the methods you attempted to locate and serve the other party.
Include as many details as possible, including dates and places you went to in an attempt to find the respondent.
If you can prove that you have made every reasonable effort to serve the papers, the judge may set a new date for the case and ask you to try further, or he/she might give you permission to serve the papers in another way (mail, substitution, or publication). , When you file your petition, there are a few papers you will need to take with you when exiting the courthouse.
These are the papers you need to serve to the respondent.
A "summons" or "order to show cause" tells the respondent to appear at court on a certain date.
You will also need to serve a copy of the petition you filed.
If there has been a temporary order of any kind, that paper must also be served to the respondent.
Note that you will receive a "Proof of Service" or "Affidavit of Service" form, as well, but this form will not be served. , A "Proof of Service" form is a legal document that shows the court that you did your duty in serving the papers correctly.
This form must be filled out after you served the papers and submitted to the court before your case.An example of a "Proof of Service" form is here: http://www.courts.ca.gov/documents/pos020.pdf The form must include the location and date on which the papers were served.
You must also indicate who the papers were served to and provide a physical description of that person.
The name and address of the person who served the papers to the respondent must also be provided.
Typically, this form must be notarized.
The individual who served the papers must sign it in front of a notary public.
The respondent does not need to sign the form, however.
Give the original completed form to the judge when you go to court.
Note that in some states, like California, you must file the form with the court at least five days before your court date.
Keep a copy of the form for your own records, as well.
About the Author
Alice Burns
Brings years of experience writing about pet care and related subjects.
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