What Role Does Process Serving Play in the U.S. Judicial System?

Process Server

Blog originally published on August 27, 2015. Updated on August 2, 2022.

When America was founded and officially broke off from England, it was time to make our own rules. We were able to start from scratch with our country's legal system and create laws that would govern everyone as fairly as possible. While there were a few bumps in the road with this process, we were able to establish a country that has a successful justice system.

In order for our justice system to work, we created the due process of law, which means that every citizen is treated fairly under the judicial system. To ensure every citizen is treated the same, we also established strict rules on how to file lawsuits and other legal documents and how to inform the other party that they are being sued. This is the reason for process serving, which plays a critical role in an American citizen's due process.

What Does A Process Server Do?

Anytime you take legal action and file a lawsuit, the writ, summons, or other important court documents must be served to the other party. Both parties must be notified of any action that is taken against them under the law. The party must have the complaints, subpoenas, divorce papers, order to show cause, or any other action document served to them. This allows both sides to prepare their arguments and have a fair chance at representing themselves in court.

Process serving is critical during any type of lawsuit or dispute because if the documents are not served properly, the party will not know what action is being brought against them, who is involved with the dispute, what date to respond by, and the dates to appear in court. Once a process server presents the legal documents in person, neither party can use the ignorance excuse in court. The legal document will also include which jurisdiction the dispute will be held in. This is vital in lawsuits because each state, county, and city have different laws and will apply their laws differently depending on the case. One party can argue that the lawsuit should be disputed in a different court or jurisdiction once they receive the information. 

Strict rules apply to process serving, and each state handles it differently. Because serving a defendant can be complicated, lawyers and other legal professionals will hire a process server to deliver legal documents. Sometimes multiple process servers are necessary to track down elusive individuals involved in the legal proceeding.

Need Help Serving Legal Documents? For Skilled Process Servers, Call Same Day Process Service

If you're in need of a professional process server, Same Day Process is at your service. We know your time is critical, and we aim to serve legal documents within the same day. Contact us today to learn more!

5 Tips For Being a Better Process Server

Just like people, not every process service is the same. Some people are harder to hand papers off to than others. Many defendants believe that avoiding a process server means their legal troubles go away (this is false). This myth leads some people...

A Story of Patience and Persistence

The doctor we were trying to serve had been an enigma for over a month. Our servers made several unsuccessful attempts to serve him at his office in White Plains, MD. His door was always locked and no sound heard from within. The receptionist in the...

How to Become a Successful Mobile Notary

Helping people is a great way to make a living. Mobile notaries have the chance to meet new people they will help daily. If you need a career that constantly changes pace so you won’t get bored, being a mobile notary may be for...

The Life of a Process Server

Court proceedings move forward every day. Similarly, the legal system needs to notify people of a requirement to appear in court or to take note of legal action taking place. The people who make contact with the persons of interest are process...

How to Avoid Breaking the Law as a Process Server

Process servers have a tough job. They are responsible for delivering court documents to people. Many people being served have misconceptions that challenge the delivery process. Knowing the rules based on local and state laws is important for...

Can I Avoid Being Served?

If you know you will be sued, do yourself a favor and DO NOT try to avoid the server. Many people think it’s a good idea - if they avoid the server, then they can prevent the case from moving forward. In reality, when a person physically avoids a...

The Must-Know Rules for Serving Processes on Holidays

The task of serving process involves many considerations that most people don’t consider. A server must be fair, firm, and respectful. They must think of their own safety while also making the individual they serve to feel calm. To effectively...

How to Serve Processes to Military Members

Members of the United States military often put their lives on the line to defend their country and its assets. Sometimes the courts will need to provide written documents to these active duty individuals for several reasons including a summons to...

Prepare for Process Serving Wearing a Body Camera

  A process server’s job is not easy. Servers deliver a summons to many folks who would prefer not to receive the court documents. As with most sectors, advances in technology have been and will continue to disrupt the process...

The Most Common Types of Affidavits

An Affidavit is a written testimony given under oath. Affidavits are only valid when given freely, without any coercion. To provide a legal affidavit, an individual needs to be of sound mind (lucid) and typical of legal age (over 18).   The...

Tips for Staying Safe While Process Serving

Process serving is a necessary role that helps the legal system running efficiently. As beneficial as this role is, it also involves some inherent safety risks. There are safety concerns with many jobs, but a process server can interact with a...

Getting The Most Out Of Your Process Server

Many firms use process servers to deliver legal notices. When they are contracting with a private process server, there are some things that can make the whole process more efficient. No matter how busy a process server is, there are still ways to...

What Is A Sting Operation?

Sting operations are potentially valuable tools used in law enforcement and some government agencies. Sting operations are tools used by local, state, federal and international agencies often working together on resolving the commission of illegal...

Everything You Need To Know About Skip Tracing

Skip tracing involves locating someone. Most entrepreneurs, debt collectors, and investigators apply it regularly. Typically, private investigators handle numerous skip-tracing lawsuits each year. Read on to learn more about skip tracing, its...
Page: 123456 - All