Editing Service of process (section)

==Manner of service==

===Substituted service===
When an individual party to be served is unavailable for personal service, many jurisdictions allow for '''substituted service'''. Substituted service allows the process server to leave service documents with another responsible individual, called a person of [[Suitable age and discretion#Service of process|suitable age and discretion]], such as a cohabiting adult or a teenager. Under the U.S. Federal Rules, substituted service may only be made at the [[abode]] or [[dwelling]] of the [[defendant]].<ref>{{Cite web|url=https://www.federalrulesofcivilprocedure.org/frcp/title-ii/rule-4-summons/|title=Rule 4 - Summons &#124; 2022 Federal Rules of Civil Procedure|website=www.federalrulesofcivilprocedure.org}}</ref> California, [[Consolidated Laws of New York|New York]],<ref name=NY>N.Y. CPLR § 308 (2), (3), (4). Found at [http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS New York State Assembly website], under CVP article 3.</ref> Illinois, and many other United States jurisdictions require that in addition to substituted service, the documents be mailed to the recipient.<ref name=NY /> Substituted service often requires a serving party show that ordinary service is impracticable, that [[due diligence]] has been made to attempt to make personal service by delivery, and that substituted service will reach the party and effect notice.<ref name=NY />

Another method of substituted service is "service by publication" also called "constructive service" in some jurisdictions. Service by publication is used to give "[[constructive notice]]" to a defendant who is intentionally absent, in hiding, or unknown (such as a possible descendant of a former landowner), and only when allowed by a judge's order based on a sworn declaration of the inability to find the defendant after "due diligence".<ref>{{Cite web|url=https://dictionary.law.com/Default.aspx?selected=1928|title=Legal Dictionary - Law.com|website=dictionary.law.com}}</ref> Service by publication is commonly used in a divorce action to serve a spouse who has disappeared without leaving a forwarding address. Service by publication usually involves placing the petition for divorce and the summons to a missing spouse in a local newspaper.

In divorce cases, most states that permit service by publication will require due diligence to locate the missing spouse, which can include verifying with the post office that there is no forwarding address; contacting in writing all friends, relatives, and former employers of a spouse who may know the spouse's current address; checking all jails and prisons for any record of a spouse; and checking military records for a spouse.<ref>{{Cite web|url=https://dwp.dmdc.osd.mil/dwp/|title=DMDC Web|website=dwp.dmdc.osd.mil}}</ref>
 
In addition, in some jurisdictions, substituted service may be effected through [[Motion (legal)|motion]] and [[public notice]], followed by sending the documents by [[certified mail]].<ref>N.Y. CPLR § 308 (5).</ref>

Courts in at least two Canadian provincial jurisdictions have allowed for substituted service via [[Facebook]].<ref>{{cite web|url=https://www.canlii.org/en/ab/abqb/doc/2012/2012abqb10/2012abqb10.html#par18 |title=CanLII - 2012 ABQB 10 (CanLII) |website=www.canlii.org |access-date=2012-09-03}}</ref><ref>{{cite web|url=https://www.canlii.org/fr/qc/qccq/doc/2011/2011qccq10324/2011qccq10324.html#par19 |title=2011 QCCQ 10324 |website=www.canlii.org|access-date=2012-09-03}}</ref> In 2018, the [[Ontario Superior Court of Justice]] allowed service via [[Instagram]] and [[LinkedIn]]'s built-in messaging systems.<ref>{{Cite news|url=http://www.canadianlawyermag.com/legalfeeds/author/alex-robinson/toronto-lawyer-serves-claim-with-instagram-15294/|title=Toronto lawyer serves claim with Instagram|last=Robinson|first=Alex|date=February 2, 2018|website=www.canadianlawyermag.com|access-date=February 2, 2018|language=en}}</ref>

===Service by mail===
Service by mail is permitted by most U.S. jurisdictions for service on defendants located in other U.S. states or foreign countries. Service by mail is not available if the country of destination has filed objections to service by mail pursuant to the multinational [[Hague Service Convention]]. In [[California]], "Any person providing the <nowiki>[</nowiki>[[California Department of Motor Vehicles]]<nowiki>]</nowiki> with a mailing address shall [[Implied consent|consent]] to
receive service of process".<ref>[[California Vehicle Code]] § 1808.21(c)</ref>

===Voluntary acceptance of service (United States)===
As a substitute for personal service by a process server, some jurisdictions may allow voluntary acceptance of service, also called '''waiver of service'''. It means that the served party agrees to voluntarily acknowledge receipt of the [[complaint]] or [[petition]] without the need to engage a process server.

Acceptance or waiver of service is encouraged by some court systems, especially U.S. federal courts. Under the [[Federal Rules of Civil Procedure]] 4(d)(2), when a defendant refuses to waive service "without good cause", the defendant can be held liable for the cost of personal service.

===Personal service by court services process server===
Personal service is service of process directly to a party named on the [[summons]], [[complaint]], or petition. In most [[lawsuit]]s in the United States, personal service is required to prove service.{{citation needed|date=November 2017}} Most states allow substituted service in almost all lawsuits unless a corporation, LLC, LLP, or other business entity is being served; in those cases, personal service must be achieved by serving the documents to the registered agent of a business entity.{{citation needed|date=November 2017}} Some states, e.g. Florida, do not require that the documents actually be handed to the individual. In California and most other states, the documents must be visible to the person being served, i.e., not in a sealed envelope.{{citation needed|date=November 2017}} If the individual refuses to accept service, flees, closes the door, etc., and the individual has been positively identified as the person to be served, the documents may be "drop served" (placed as close to the individual as possible); this is considered a valid service.{{citation needed|date=November 2017}} In the US, personal service of process has been the hallmark for initiating litigation for nearly 100 years, primarily because it guarantees actual notice to the defendant of a legal action.<ref>The National Law Review: The Continuing Relevance of Personal Service of Process</ref>

===Common law systems in the United States===
[[File:TCSheriff.JPG|thumb|Personal service of civil documents is often done by [[sheriff|sheriff's deputies]].]]
In most states a person that serves the process simply must be 18 years of age or older and not a party to the litigation.

Most jurisdictions require or permit process to be served by a court official, such as a [[sheriff]], [[marshal]], [[constable]], or [[bailiff]]. There may be licensing requirements for private process servers, as is the case in New York City, Alaska, Arizona, California, Georgia, Illinois, Montana, Nevada, and Oklahoma. Arizona process servers are required to apply for certification with the clerk of the Superior Court in the county in which they reside. Non-resident applicants may apply in any county. Texas process servers are currently certified by order of the Texas Supreme Court and are regulated through the Process Server Review Board, consisting of members of the industry authorized by the supreme court.

Other jurisdictions require a court order allowing a private person to serve process. Many [[private investigator]]s perform process serving duties. Texas and Florida also have a required training course which must be completed prior to certification.

An example of such a license would be in [[Rhode Island]], where an applicant must complete 90 days of training with a constable that has 'full powers'. Once the 90 days of training is complete, a test is given at the local courthouse from the laws included in the constable manual. Once an applicant passed the written exam, one will be scheduled for an oral interview with the disciplinary board. If they find the applicant to be competent, they will pass a recommendation to the chief judge who will then swear in one with 'limited power'. These constables can only serve within the county they are appointed. After one year, a limited power constable can apply for his/her full powers to [[arrest]], [[Eviction|evict]], and be able to serve statewide.

In [[New York State]], personal process is ''required'' in [[divorce]] and similar [[Family law|matrimonial law]] actions, absent court permission.<ref>For N.Y. Civil Practice Law and Rules (CPLR) § 308 and Domestic Relations Law (DRL) § 232, see [http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS NY Assembly website]. Retrieved September 24, 2008.</ref> Specific practice is that: {{blockquote|The defendant must be personally served with the divorce papers, unless the court grants some other means of service. Note that there are special requirements for service of process in a divorce action.}} See CPLR 308 and DRL 232.

===Federal (United States)===
The service of federal civil process in the United States is governed by Federal Rules of Civil Procedure, Rule 4. Any person who is at least 18 years of age and is not a party to the case may serve a federal civil summons and complaint.<ref>{{Cite web|url=https://www.law.cornell.edu/rules/frcp/rule_4|title=Rule 4. Summons|website=www.law.cornell.edu}}</ref> This general rule also applies to the service of federal subpoenas under Federal Rules of Civil Procedure, Rule 45.<ref>{{Cite web|url=https://www.law.cornell.edu/rules/frcp/rule_45|title=Rule 45. Subpoena|website=www.law.cornell.edu}}</ref>

===Civil law systems===
In [[Civil law (legal system)|civil law]] jurisdictions, which include all of Continental Europe and most Asian, African, and South American countries, service of process is generally performed by the court. This may be done in person by a [[bailiff]], or by mail, depending on the jurisdiction.

===International service===
{{main article|Hague Service Convention}}
International service of foreign judicial and extrajudicial documents is governed in general by the 1965 [[Hague Service Convention]]. Prior to the enactment of the Hague Service Convention, service of process in civil cases was generally effected by a [[letter rogatory]], a formal request from the court in the country where proceedings were initiated or underway to a court in another country where the defendant resided. This procedure generally required the use of [[consular]] and [[diplomacy|diplomatic channels]] as the request had to be made to the foreign minister (the Secretary of State in the United States) of the defendant's country by the foreign minister of the originating court.

Since 1965, member states designate a central authority for service of process and requests go directly there. In addition, many states allow some type of service directly by mail or personal service by a person otherwise authorized to service process without involvement of local courts.