Editing Service of process (section)

==Service==
Each jurisdiction has rules regarding the appropriate service of process. Typically, a [[summons]] and other related documents must be served upon the defendant personally, or in some cases upon another person of suitable age and discretion at the person's residence 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. In exceptional cases, other forms of service may be authorized by procedural rules or court order, including service by publication when an individual cannot be located in a particular jurisdiction.

Proper service of process initially establishes [[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. The defendant may contest the default in the defendant's home state. Service of process must be distinguished from service of subsequent documents (such as [[pleading]]s and motion papers) between the parties to the litigation.

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 within Part 6 of the [[Civil Procedure Rules 1998]] (as well as the Practice Directions).<ref>{{cite web |author= |title=Civil Procedure Rules 1998 - Part 6: Service of Documents |url=https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06 |archive-date= |website=Ministry of Justice}}</ref> In [[Canada]] the rules vary from [[province]] to province and can be governed differently depending on what the type of case (i.e. family, small claims, criminal, etc.).

Service on a defendant who resides in a country outside the jurisdiction of a court must comply with special procedures prescribed under the [[Hague Service Convention]] if the recipient's country is a signatory. Service on defendants in many [[South America]]n countries and some other countries is effected through the [[letter rogatory]] process. Where a defendant's whereabouts are unknown, a court may permit service by publication, usually in a [[newspaper]].