WHAT IS PROCESS SERVING...Steps to Take                                        

In almost all types of civil cases, a petition or complaint must first be filed with the court. A copy of the petition or complaint must then be served on the opposing party. From that point on in the case, a party who files anything with the court must serve papers on the opposing party letting them know what was filed.

A petition is a formal written document which is submitted to an authority in an attempt to get that authority to accede to a request. Typically, it is signed by multiple people, indicating that a large group of people supports the request detailed in the document. In some countries, the right to petition members of government is protected by law; many of these countries have legal systems based on the English legal system, which has had this right dating back to the Magna Carta.

Politically, a petition can be used to get an initiative on the ballot in some countries, assuming that enough people sign the ballot. In the United States, voter originated initiatives are common on many ballots, and they cover a diverse array of issues which the authors feel are not being addressed by figures in government. Petitions can also be used in an attempt to repeal laws or to recall elected officials. In other cases, they may be used for community appeals; a group of people who wants an off-leash dog park, for example, might create a petition to bring to a city council meeting for the members to consider.

In what manner a person may serve papers will vary by jurisdiction. There are, however, a few commonly accepted ways to serve papers. Personal service, service by a process server or sherrif, and certified mail are the most common methods used to serve papers, though service by publication may be used under certain circumstances.

A process server personally delivers legal documents at the directive of lawyers or legal teams. By law, service of process must occur when someone is named in a suit or summoned as a witness, and this is often done in person by a process server. The laws about service of process vary by region. In some areas, for example, legal documents can be sent by mail and this is acceptable, while others require personal service of process.

Service of process refers to the legal notice required for a person to be subject to criminal or civil sanctions. Service of process is required in most countries before a court can obtain jurisdiction over an individual. The exact rules for what constitutes appropriate service differ depending on the jurisdiction and the country.

In order for a court to adjudicate a dispute and impose penalties or mandate action, the court must have jurisdiction over the individual. Jurisdiction is obtained, in part, by issuing proper service of process. Under the constitutional laws protecting due process in the United States, and equivalent rules and stipulations in many other countries, a person has a right to appropriate legal process, which involves being made aware of a legal action and having the opportunity to speak on his own behalf.

A legal process typically refers to one of several different things related to law and various legal practices. One of the most common uses of the term is to refer to the processes or procedures followed during a legal case, such as a criminal or civil case that is tried in a court of law. The term can also be used to refer to the serving of a summons or court order upon a person, which is often done by a court-appointed individual or a private company. This legal process will typically vary from one country to another.

In general, there are two common uses of the term "legal process" and the way in which it is used will typically indicate the meaning intended. One of the most common uses is as a synonymous term with "due process" or "legal proceedings" to indicate the process by which legal proceedings occur in a given country. These proceedings can vary quite widely from country to country, and so the context in which the term is used will greatly impact what is precisely meant by it. In the US, for example, legal process is different in some ways between civil and criminal proceedings.

Legal proceedings refer to processes that involve a court. Such a process may be criminal or civil, and there may be numerous reasons why a person may become involved. He may be accused of a crime, have a desire to enforce a right, or he may be seeking a remedy from a third party. It is common for there to be costs associated with legal proceedings. Depending on the type of legal process and the jurisdiction, a person may or may not be required to obtain a lawyer.

There are many civil processes that a person may get involved in, and although they can greatly differ, if they involve a court, they may be considered legal proceedings. For example, an individual may seek to obtain an injunction that forces a neighbor to remove abandoned cars from his yard. The complaining party, referred to as the plaintiff, may do this to serve a personal interest, which is protecting the value of her own property.

In another situation, a person may file a lawsuit against a motorist who crashed into her. The motive in this case is to seek a financial remedy for costs such as automotive repair and physical injuries. Though these two cases greatly differ, the process that must be followed for both are considered legal proceedings.

An injunction is a court order that bans an individual or group of people from a specific behavior. For example, the most common type is a restraining order, which prohibits a person who has either posed a physical or emotional threat to another from having any contact with that person. Additionally, the order may include actual measurements of how close a threatening person may come toward the person threatened. Violation of an injunction of this type may mean immediate arrest.

Often, a restraining order is temporary at first, and many last for little more than a week. To continue the order, the person requesting it must go to court and prove that the order should stand on a more permanent basis. If the requester cannot prove the need for its continuance, the injunction will last for only the short time specified by the judge. This is often the case with a restraining order issued against an abusive spouse, as the person being abused often rethinks prosecuting his or her spouse and lets the charges drop out of fear that even a restraining order will not keep the person from harm.

A continuance is a postponement of a court proceeding. There are a number of reasons why a break may be required, ranging from temporary incapacitation on the part of the judge to the need to deal with surprise information which has come up during the trial. In some regions of the world, the circumstances in which a request for continuance will be granted are limited, due to laws designed to ensure access to speedy trials.

Sometimes, a judge will order a continuance without consulting any of the parties involved. More commonly, one of the people involved in the trial files a motion for continuance with the judge, explaining that a hiatus is requested and providing the reasons why. Requests will be granted if it is clear that a rescheduling is needed in the interests of fairness.

Some reasons why a continuance might be needed include: the need to deal with new evidence or a new witness; incapacitation in a member of the legal team; inability to access evidence or a witness; heavy press coverage which might interfere with the trial; and, in civil cases, the absence of one of the parties involved. The request can be filed by a lawyer or one of the parties directly, and several companies have samples of requests for continuance which people can use to make sure that their letters are formatted and presented properly.

A motion for continuance is filed when, for whatever reason, the requesting party needs a hearing to be postponed for any amount of time. The motion must identify the case, the plaintiff, and the defendant as well as the reason that the party is requesting the continuance. Typically, the filing requirements for a motion for continuance are simply filing a copy with the court and serving a copy - i.e., delivering a copy of the document through a court approved means such as certified mail - to the opposing party or his or her attorney.
There are several reasons for which a party to litigation may file a motion for continuance. While it is at the discretion of the judge who is presiding of the case whether or not to grant the motion, the standard is generally whether or not the continuance would be in the interest of justice. Continuances are commonly granted for unforeseeable events that occur at the time of a trial. For example, a continuance is likely to be granted in the event that the party moves for the continuance for the purpose of attending the funeral of a family member.

In a court case there are at least two parties. The plaintiff is the party who has a complaint or who is making an accusation, while the defendant is the party that is being accused of doing harm to another.
A defendant is not always an individual. In some cases, it can be a company or a government. It is important to differentiate between a defendant and a suspect. A suspect is generally a term that is used by law enforcement. It refers to a person who is believed to have done wrong. This individual has likely not been formally charged. He is merely a subject of suspicion.

When a person is a defendant, suspicion has been taken to the next level. This means that some party has made a formal accusation of wrongdoing against another. As a result, legal action is in the process. There must be a court case in order for there to be a defendant.

The case does not always have to involve criminal wrongdoing. Defendants are also parties in civil cases. For example, a person who is accused of damaging another person's car in an automobile accident can be a defendant.

Defendants are not automatically deemed guilty just because they are accused. The judicial system is not designed to place the burden of proof on the defendants. An accusation against a person must be proven by the party making the claim.
When a plaintiff files a lawsuit or a prosecutor obtains an indictment against an individual, the court cannot simply make a ruling without giving the person a chance to speak up for himself. The individual must know that the court action has been instituted. The function of service of process, and the related rules associated with service of process, is to make sure the person knows of the action and has the chance to speak.

Process servers accept documents from the people they are working for, locate the person to whom the documents must be served, and deliver them. Once the documents have been delivered to the person or an authorized agent, the law considers the service of process obligation complete. If that person fails to respond, she or he can be legally liable, as, in the eyes of the law, the person knows that a response has been expected and is aware of legal proceedings.

Process servers come from a wide variety of backgrounds, and sometimes they must be licensed in order to work. Many work for agencies, although some are freelancers. One of the advantages of agency work is that it is usually steady, because lawyers in a community grow familiar with an agency and use it regularly, and lawyers from other areas who need a local process server may be referred to an agency. Some process servers work for the local government to deliver papers on behalf of the court.

CLICK HERE FOR A LIST OF PROCESS SERVERS THROUGHOUT THE USA

Service by publication is a way to prove that legal documents have been delivered, or were attempted to be delivered, to another party in a legal proceeding. Lawyers, or parties in the case, may choose this type of service when an individual's address is unknown, the person is in hiding, or when other more traditional attempts were unsuccessful. Often, more steps are required in order to serve someone with court papers in this manner. It is a legal way of service, provided certain conditions and steps are performed.

One of the primary things that must happen in order to perform service by publication is to submit an affidavit saying other service attempts have not succeeded, thus stating that due diligence was performed. If that is the case, the individual attempting service must provide a sworn statement to a judge. The judge can then issue an order authorizing service in a publication of general circulation. In some cases, the court may have a list of acceptable, or official, publications where service can be printed.

An affidavit is a written declaration which is accompanied by an oath or affirmation indicating that the contents of the affidavit are true. Someone may make an affidavit in connection with a court case, or an affidavit may be an important supporting document in something like a mortgage application.
Many forms are also affidavits, since they include a line indicating that the person has completed the form to the best of his or her knowledge, and that deliberately erroneous information can result in a perjury charge.

The word "affidavit" has been directly lifted from Latin, and it means that someone has "pledged their faith" in full knowledge of the law. It is an entirely voluntary document, and no member of the court can force someone to give an affidavit, although the court may require someone to give a deposition. A deposition differs from an affidavit because although both are written statements, a deposition includes cross examination.

Within the United States, sheriffs are typically elected officials. Their role in county government is typically defined in legal statutes, but they will usually have the power to arrest and detain suspects, investigate crimes, and patrol the county. The legal system within a county may also rely greatly on their management and leadership. For example, the sheriff's staff will typically assume security duties at a county courthouse and may also be responsible for maintaining the county jail.

Personal service is allowable under the civil procedures rules of many jurisdictions. The rules regarding how personal service may be accomplished and who may serve papers via personal service vary. In most cases, the person serving the papers must be over the age of 18 and may not be involved in the litigation. In some jurisdictions, the papers must be handed to the party, while in others, they may be left with another adult or even tacked to the door. The person who serves the papers must generally sign an affidavit swearing that the papers were delivered.




The business of serving papers involves a great deal of paperwork and record keeping, and it
is recommended that Process Servers install "Process Server Software" in their offices to help manage the preparation and filing of legal documents.

Case Manager Software is used by Professional Process Servers throughout the U.S.A.

This software "automates" the preparation of affidavits and other forms you will need to operate an efficient business, and also automates the creation of custom affidavits and other forms you will need in order to file papers that comply with State laws and Court requirements.

Our representatives will be happy to demonstrate its functions, and you can view videos of all Case Manager Functions at http://www.casemanager.info/demo

                   
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