Editing Service of process (section)

==Process serving laws (United States)==
Many states have process serving laws that govern the way service of process is effected, the licensing requirements to effect service, the forms to be used and the time deadlines that service of process may be accomplished upon individual respondents and corporations. These differences may be vast. For example, in [[New York (state)|New York]], service of process may require licensing of the process server; in [[Pennsylvania]], process may only be served by the [[Sheriffs in the United States#Pennsylvania|sheriff]] or a sheriff's deputy in most cases (except in [[Philadelphia]], where process may be served "by any competent adult");<ref>{{cite web|url=http://www.pacode.com/secure/data/231/chapter400/chap400toc.htm|title=Pa. R.C.P. 400-400.1, available at pacode.com}}</ref> and in [[New Jersey]], process is effected if, after making an affidavit that diligent efforts to effect personal service had failed, the party sends two copies of the pleading by mail&mdash;one by regular mail and one by certified mail, return receipt requested&mdash;and either the certified mail receipt is returned signed or the certified mail envelope is returned unclaimed and the regular mail is not returned to the sender.<ref>{{Cite web|url=http://www.judiciary.state.nj.us/rules/r4-4.html|title=N.J. Ct. R. 4:4-4(b)(1)(C)|website=www.judiciary.state.nj.us}}</ref> Generally, there are specific procedures and rules for most courts, from local [[small claims court]]s to United States District courts. Each court has specific rules, forms, guidelines and procedures which must be followed in order to successfully effect service of process. Failure to follow these guidelines may deem the attempted service improper. Indeed, many defendants in court hearings use the affirmative defense of "I was not served" as an often successful line of defense in any lawsuit. Not surprisingly, this defense tends to be effective in many cases because service of process upon defendant did not follow legal procedure. As for United States federal courts, service of process rules are in the [[Federal Rules of Civil Procedure]], upon which most state service of process laws are based.

===Jurisdiction===
It is universal that the laws of service of process must follow the laws that apply to the court that issues the process. A bias or confusion occurs in many jurisdictions where service is made. In Florida, for example, process servers seem to suggest Florida laws apply to all service of process made within the territory of Florida.<ref>{{cite web|url=http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0048/0048.html |title=Statutes & Constitution :View Statutes : Online Sunshine |publisher=Leg.state.fl.us |date=1990-07-01 |access-date=2012-09-03}}</ref> In this reference, section 48.195 implies an authority of Florida process servers to serve foreign process. This was added to allow sheriffs to serve foreign process within limitations as the section provides, but it does not, and cannot give exclusivity, to ''state-sanctioned licensed approved process servers to foreign process''. This interpretation, however prevalent and beneficial to Florida process servers, is false.

Florida governs only those processes that are issued from ''Florida courts''. An example would be a Wisconsin court process to be served upon a person in Florida. Wisconsin statutes would dictate the service requirements to the Florida participant. Simply, a person must be uninterested, a resident of Florida, and over the age of 18. This is not a popular position as many process servers who have a local Florida license prefer, for reasons of economics, to be considered the only legitimate process server for such a cause.<ref>{{cite web|url=http://docs.legis.wi.gov/statutes/statutes/801/10/1 |title=Wisconsin Legislature: 801.10(1) |publisher=Docs.legis.wi.gov |access-date=2012-09-03}}</ref> This Wisconsin example is in the majority for all states in the US regarding out of state service in their jurisdiction. There are however a small number of states, such as Arizona, that permit a person of one state (e.g. Arizona) to serve another person in another state (e.g. Florida).<ref>{{cite web|url=http://government.westlaw.com/linkedslice/default.asp?SP=AZR-1000 |title=Arizona Court Rules |publisher=Government.westlaw.com |date=2010-05-15 |access-date=2012-09-03}} Arizona Court Rules Rule "4.2(b). Direct Service Service of process may be made outside the state but within the United States in the same manner provided in Rule 4.1(d)-(l) of these Rules by a person authorized to serve process under the law of the state where such service is made. This Arizona rule acknowledges other states to determine an authorized process server of their service of process."]</ref> The aforementioned Arizona rule is an exception to the majority of other states that require a process server to be 18 and over and an uninvolved party to serve its process in another state. Arizona law has never been challenged on the grounds of sovereignty as Arizona's statutes appear to give its courts legislative and judicial authority for its people to serve a person in a foreign state.

In states where Indian reservations are located, the state generally has no legal jurisdiction over Indian territory – recognized tribes enjoy legal status as a sovereign nation. Thus a process server certified under the authority of the state (i.e. Arizona) cannot serve a party to a case while that person is on the reservation unless the tribal council consents to permit service.{{citation needed|date=November 2019}}

===Trespassing===
In nearly every state of the [[United States]], process servers are restricted from [[trespass]]ing on property as a means of serving process. Such invasions, no matter how innocuous, are regarded as not only invalid, but illegal and may result in penalties for offenders. [[Gated community|Gated communities]] and apartment buildings have created a difficulty for process servers; however, most are required to allow process servers to enter them. However, this fact may be overcome where the process server is in the direct employment of a law enforcement agency, such as the U.S. Marshals Service, a county sheriff's department, or other law enforcement agency having responsibility to serve documents.

In [[California]], "Registered Process Servers" are granted "...a limited exemption against trespassing in gated communities." This allows servers to enter a [[private property]] for a reasonable period of time to attempt service of process. In California, gated communities which are "...staffed by a [[security guard]], or where access is controlled, must allow a Registered Process Server to enter for service of process upon presenting valid identification, and indicating to which address the process server is going." This does not prevent the security guard from contacting the resident and alerting them that a process server is on his way to their residence.

{{blockquote|(a) Notwithstanding any other provision of law, any person shall be granted access to a gated community ... for the purpose of performing lawful service of process, upon identifying to the guard the person or persons to be served, and upon displaying a current driver's license or other identification, and one of the follow: (1) a badge [applies to sheriffs and marshals] (2) evidence of current registration as a process server...
'''''(b)This section shall only apply to a gated community which is staffed, at the time service of process is attempted, by a guard or other ... personnel assigned to control access .. .it does not apply to a private residence that has posted no trespassing signs''''''|source=§ 415.21 Access to gated communities.}}

In [[Washington (state)|Washington]], "Registered Process Servers" are granted a limited exemption or [[affirmative defense]] against trespassing:
{{blockquote|The actor was attempting to serve legal process which includes any document required or allowed to be served upon persons or property, by any statute, rule, ordinance, regulation, or court order, excluding delivery by the mails of the United States. This defense applies only if the actor did not enter into a private residence or other building not open to the public and the entry onto the premises was reasonable and necessary for service of the legal process.|RCW 9A.52.090 (4)}}

===Deadlines===
Most states have a deadline for completing service of process after filing of the [[summons]] and [[complaint]]. In New York, for example, service must be completed in 120 days after filing for almost all cases,<ref>NY CPLR § 306-b, found at [http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS NY Assembly website]. Retrieved September 24, 2008. (The exception is in [[election law]], which is 15 days.)</ref> and [[Hawaii state circuit court]]s require service in a civil lawsuit must be effected within six months from commencing suit.<ref>{{cite web|url=http://www.state.hi.us/jud/ctrules/rcch.pdf|title=Hawaii Circuit Court Rule 28|website=www.state.hi.us/}}</ref>

===''Dies non juridicum''===
Some states prohibit the delivery or serving of documents on Sundays, holidays or election days (''[[List of Latin phrases: D|dies non juridicum]]''). However, some states will allow the service of documents under special circumstances. One such circumstance is when the service of process is pursuant to a court order.

According to various laws,{{Citation needed|date=April 2011}} service of process cannot be performed on Sundays in Florida (unless with a court order), Maine, Massachusetts, New York, Rhode Island, South Dakota, Tennessee (unless with a court order), Texas, Virginia, or West Virginia. It can also not be performed on election days or at a place of religious service on Sunday in Michigan, or on holidays in Minnesota. Finally, in New York, process cannot be served on Saturday upon a person who keeps Saturday as holy time.

===GPS certification===
In 2011, New York's City Council enacted a regulation requiring process servers to use GPS to prove that they attempted to locate someone. The data is stored for seven years.<ref>{{Cite web |date=2013 |title=Educational Materials for Process Servers |url=https://www1.nyc.gov/assets/dca/downloads/pdf/about/ps_educational_materials.pdf |access-date=4 April 2022 |website=NYC.gov}}</ref> Those who attempt the deceit of “[[sewer service]]" (dumping papers) can be sued.