Guidelines to Be Followed In Process Serving
Process serving is serving court summons/proceedings/documents to those involved in an ongoing legal matter. It is a significant step to make sure the safeguarding of due law process. A process server’s job is to deliver court orders to all the parties concerned in legal matter. It is mandatory to follow all the pertinent procedures prudently in order to save the complete case being thrown at risk. The rules and regulations are different in different states and territories, but few of them are common for all jurisdictions. Let’s try to understand these guidelines under various topic heads. Nevertheless, it is important to note that, this does not establish any legitimate statement. One must contact experienced prosecutor for any legal advice.
- Almost in all jurisdictions, hand delivery is considered as the ideal option for serving the court summons. It is the process in which legal documents are directly presented in the hands of recipient. The hand delivery is almost indisputable in court if documented appropriately and done with due legal procedure. The problem arises only when the recipient misleading or stubborn.
- Some jurisdictions allow the documents to be dropped at the feet of the recipient. This process is called delivery by drop or delivery by touch. The person performing process serving has to make sure the proper documentation of the delivery.
- In some cases, it almost impossible to do hand delivery. In such situations substitution delivery is also allowed. The legal documents can be handed over to responsible adult residing with the recipient or a higher authority, especially a manager at his or her workplace. However, there is a specific procedure to be followed before starting this type of process serving and regular follow-up is required. One must be aware of the laws related to this type of delivery.
- In a very rare situation, where the recipient is untraceable, an electronic delivery or delivery by public notification is allowed. This delivery has to be executed very carefully and in lawful manner as it can be very easily questioned in court.
- Locations and time in which process serving is permitted- In many of the territories, process serving is permissible at any place any time, but some have specific rules about places and time of serving. For example, you cannot deliver legal summons on holidays including all Sundays or holiday deliveries are allowed at the residents only and not at workplaces. In places you are not allowed to deliver papers in the court premises at all. You have to be familiar with the laws regarding this in advance.
Apart from this, there are some other regulations regarding process serving. A process server has to be licensed in many states. So, one has to carefully study the rules and regulations of that particular jurisdiction before initiating a legal delivery or it can hamper the case or put you in legal trouble. Finally, it is important to note that an individual does not need to employ the services of a solicitor to have documents served. For example, the are many instances where an individual involved in a family law dispute will go directly to a private investigator to locate someone and serve documents. Private investigators an be more cost efficient depending on the matter and also have the experience to track down and handle the most difficult of cases. If you would like to speak with someone, or wish to obtain a free quote, then contact the industry professionals at InfoQuest Investigations today.