What Is Service of Process?

The law says that when you sue a person, partnership, corporation, or the government, you must give formal notice to the other side that you have started the legal process. In the same way, when you are already involved in a case and file papers with the court, you are required to give the other side notice of the paperwork you have filed. The legal way to give formal notice is to have the other side “served” with a copy of the paperwork that you have filed with the court.

What does service of court papers mean?

Service of court papers means that the party opposing any legal filing must be provided copies of any paperwork filed with the court.

Who can serve paperwork?

Proper service is completed by a third person who is not involved in the matter in question. This uninvolved party is the one who actually delivers the paperwork to the other side. The person who does this is called the “server” or “process server. The “server” or “process server” can be:

• A friend or relative
• A coworker
• A county sheriff or marshal
• A professional process server; or
• Anyone over 18 who is NOT part of the case.

In all cases, the “server” or “process server” MUST:

• Be 18 years old or older
• Not be a party to the case
• Serve the paperwork on the other side in the time require
• Fill out a proof of service form that tells the court whom they served, when, where, and how; and
• Return the proof of service to you so you can file it with the court.

What are the different types of service?

There are several ways to serve papers. The information here about the types of service is general. Not all of them are allowed in all cases, or at all stages of a case.

• Personal Service
• Service by Mail
• Substituted Service
• Service by Notice and Acknowledgement of Receipt
• Service by posting on the premises and mailing (for eviction cases only)
• Service by publication
• Service by posting (at the courthouse)
• Service by certified mail (small claims only)
• Service by certified mail (for a party who is out of state)
• Service on someone who lives out of the country

How this applies to expungements?

Proper service is completed when a third person who is not involved in the matter in question provides a copy of the expungement documents filed with the court to the District Attorney’s office in order to give the District Attorney’s Office is provided formal notice of the hearing.