While few Americans understand the full role of a process server, they are an important part of America’s Constitutional guarantees. The early function of many local sheriffs was to notify citizens they were involved in a specific legal case. As the need for proper service grew, the position of the process server allowed the sheriff to attend to other law enforcement duties. The process server ensured an individual or organization was properly notified of their involvement in a specific legal issue.
Today, while that function has expanded significantly, the primary role remains that of notifying defendants and other individuals of their involvement in a court case. Other responsibilities may include filing court papers, retrieving and delivering legal documents, and providing written evidence of proof of service.
Ensuring Compliance with Individual State Laws
This latter function is fulfilled by notarizing an affidavit of service and providing it to the company, individual or attorney who initiated the process of serving the papers. Each state has its own specific guidance on how such process service is carried out, and individual servers may have their own style of executing service.
A certified process server is one who has applied to an individual state and, after appropriate training and testing, is provided with a license to act as a process server. Most states also require ongoing education as part of maintaining a current license. This emphasis on having the functions of a process server carried out correctly is fundamental to each citizen receiving proper “due process.”
The entire justice system starts with this formal notification, making the process server an integral part of the American legal system. Most law firms rely on professional process server firms to ensure that each notification is handled promptly and correctly and that they have reliable proof of service.
If you or your firm are involved in serving, delivering or retrieving summons, complaints, injunctions, civil actions, subpoenas, or other legal documents, you’ll find the certified process servers of Same Day Process will get the job done with the highest professional standards.