Process serving is one of the most critical yet often overlooked aspects of the legal system. At its core, process serving is the act of delivering legal documents — such as subpoenas, summons, complaints, and court orders — to a party involved in a legal proceeding.
Why Process Serving Matters
The right to due process is guaranteed by the Fifth and Fourteenth Amendments to the U.S. Constitution. For a court to have jurisdiction over a defendant, that defendant must be properly notified of the legal action against them. This notification is accomplished through process serving.
Without proper service of process, a court case can be delayed, dismissed, or overturned on appeal. This makes the process server's role absolutely essential to the functioning of the justice system.
Who Can Serve Process?
The rules for who can serve process vary by state. In general:
- Professional Process Servers: Licensed or registered individuals who serve documents as their primary occupation. Many states require process servers to be registered, bonded, or licensed.
- Sheriff's Deputies: In many jurisdictions, the local sheriff's office can serve process.
- Any Adult Non-Party: Some states allow any adult who is not a party to the case to serve documents.
Types of Documents Served
Process servers handle a wide variety of legal documents, including:
- Summons and Complaints — Notifying someone they are being sued
- Subpoenas — Requiring someone to appear in court or produce documents
- Eviction Notices — Notifying tenants of eviction proceedings
- Divorce Papers — Serving divorce petitions and related documents
- Restraining Orders — Delivering protective orders
- Court Orders — Any order issued by a court
The Service Process
A typical process serving engagement follows these steps:
- Receive Documents: The process server receives the documents from the attorney or law firm.
- Locate the Individual: The server identifies where the person can be found.
- Serve the Documents: The server delivers the documents in accordance with state and federal rules.
- File Proof of Service: The server completes an affidavit or proof of service documenting the delivery.
Choosing the Right Process Server
When selecting a process server, consider verification and licensing in the relevant jurisdiction, experience with the type of service needed, success rate and average response time, GPS verification and photo documentation capabilities, and professional affiliations such as NAPPS and state associations.
At Mighty Process Server, we connect legal professionals with verified, experienced process servers across all 50 states.