The Process
Updated: Oct 5
Service of process is a critical initial step in any lawsuit or legal proceeding. Its intent is to make sure that individuals or entities receive proper notice of their involvement in pending legal proceedings. This is commonly referred to as Procedural Due Process. Here we will cover the basic steps of process serving and the fundamental steps or procedures required to serve that summons, subpoena, or other legal related documents.
Commencement of a Legal Action: The process usually begins when a party seeking legal action prepares the necessary documents for service of process. These might be prepared by an individual in a small claims matter, or their attorney. The documents are then presented to a process server for delivery.
Locating the Respondent or Recipient: Sometimes the process server will be tasked with locating the individual for service in addition to serving them. This is commonly referred to as a skip trace. This might include a little bit of detective work including, but not limited to: proprietary database searches, public records, interviewing neighbors and known associates, and surveillance.
Personal Service: This is a straightforward delivery of the documents to the intended individual for service. It is the most common and preferred method for service of process. After identifying the individual for service, they will hand deliver the papers to the person, or place the documents within their reach should they refuse service.
Residential Service: Residential Service is executed by leaving a copy of the summons, complaint, subpoena and related documents at the defendant’s usual place of residence with a person of suitable age. This is sometimes called “substituted service.”
Alternate Methods of Service: Depending on the state and court of origin, alternate methods of service may be utilized if service to the intended person is not possible, or sufficient evidence exists supporting an individual is actively evading service. Methods include Residential Service, posting the documents in a public space, and Service by Publication. In Ohio, for example, service by publication is only allowed after reasonable diligent efforts have been made to locate and serve an individual. An affidavit in support of a motion for service by publication is required. After the notice has been published for a period of six weeks, the party is considered “served” by the court and the case will move forward.
Return of Service or Proof of Service: Upon completion of service, the process server will provide a return of service or affidavit of service indicating the details of successful service, or an affidavit of non service if service was unsuccessful. This document is provided to the party requesting service, or is delivered to the court for inclusion in the case file. Without proof of service, legal proceedings can not proceed.
Deadlines: Since many documents for service are intended to notify of impending legal actions, hearings and other time bound events, most documents include deadlines for proper service. Efficient time management and communication skills are essential for process servers. Capital Discovery Solutions has effectively retrieved court documents, served the individual, and filed the Return of Service all in the same day. This is commonly referred to as a “rush serve.”
Service of Process typically follows several key steps for effective service. From initial document preparation, locating the individual for service, delivering the documents, and providing proof of service to the court, process servers play an integral role in the justice system ensuring justice has a chance to prevail. A process server may be called upon to help with an “emergency situation”, requiring rush service in order to meet the service requirements for a particular or sensitive case.
Thank you for using Capital Discovery Solutions for all of your needs for a process server in Columbus Ohio.