Service of process: Difference between revisions

Revision as of 01:49, 22 October 2005

Revision as of 20:29, 4 November 2005

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==Service==

Each jurisdiction has rules regarding the means of service of process. In some cases the law may require the [[summons]] to be served upon the person personally, or upon the person orof someone of suitable age and discretion at the person's abode or place of business or employment. In some cases service of process may be effected through the mail as in some [[small claims court]] procedures. Often the court or procedural rules allow for the service of process by court order or by publication when an individual cannot be located in a particular jurisdiction.

Proper service of process resultsinitially inestablishes [[personal jurisdiction]] of the court over the person served. If the defendant ignores further pleadings or fails to participate in the proceedings, then the court or administrative body may find the defendant in [[default (law)|default]] and award relief to the claimant, petitioner or plaintiff.

In ancient times the service of a [[summons]] was considered a royal act that had serious consequences. It was a summons to come to the [[monarch|King]]'s Court and to respond to the demand of a loyal subject. In ancient [[Persian Empire|Persia]], failure to respond to the King's summons meant a sentence of death. Today the penalties for ignoring a summons are usually money judgments that must be subsequently enforced.

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Service of process in cases filed in the [[United States district court]]s is governed by Rule 4 of the [[Federal Rules of Civil Procedure]]. In [[England and Wales]], the rules governing service of documents are contained with Part 6 of the [[Civil Procedure Rules 1998]] [http://www.dca.gov.uk/civil/procrules_fin/contents/parts/part06.htm].

Service on a defendant who lives outside the jurisdiction of the Court may require use of the [[Letter Rogatory]] process. Where a defendant's whereabouts are unknown, the Court may permit service by publication, usually by advertising in newspapers.

==Process server==