Process Server: SERVING JUSTICE

2007-03-08 10:33:40

( Education )



A process server is a necessary element of the judicial process. Process servers are the conduits by which legal papers are served to concerned citizens. Such court documents may be subpoenas, summons or complaints, order to show cause, writs, etc. served on behalf of the court.

WITHIN STATE LAWS

A legal process server delivers the documents in accordance with the prevailing laws of the state. Such legislation differs from state to state – some requires personal receipt of the court documents from the process server, while some states allow for a relative or co-worker to receive it on the addressee’s stead.

Once the legal papers have been served or delivered, the process server must present proof that the papers were indeed properly served. This proof is shown through a notarized document called Proof or Affidavit of Service which is given to the party who requested the service of process.

WHEN JUSTICE IS DUE

Process servers are important parts if the court process. They are necessary to proceeding with a proper court case. Process servers do not merely deliver legal documents - they are not just court messengers. Legal process servers protect both parties of the case as they can shed light in cases where there is confusion on the matter. A more important function of their office is to serve as legal witnesses that the court papers have been duly served and received. Process servers testify that the party whom the court seeks to address and take action has been duly notified, and they are bound by law to respond appropriately.

Some states have stringent requirements for process servers. To be a California process server or an Arizona process server requires a license; other states on the other hand accept private process servers. The essential thing is that process servers be knowledgeable on the laws governing the service of process in their respective places.

Process servers are vital to our legal system. Improper process serving can be grounds for delays and even dismissal of the case. Improper service of process can deny justice to whom it is rightfully due.


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