WHAT IS PROCESS SERVING...Steps to Take
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.
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
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.
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
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 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.
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.
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.
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
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.
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