The term “process server” is one that those in the service of process field know all about, and those outside of the legal community probably have little understanding of. There are many misconceptions about what is required by a process server on a day-to-day basis.
How process servers came to be.
Let us first start with the history of how and why process servers are needed. The due process clauses set forth by the United States Constitution prohibit courts from exercising jurisdiction over a party unless that party has proper notice of the court’s proceedings. Courts require filing parties to serve a set of court documents (called “process”) to be served on the opposing party.
Process servers function as a messenger system to notify parties of their constitutional rights to due process of law by “serving papers” on the party with a legal notice that states the issue that involves them. In the beginning, legal papers were served to individuals by a local county sheriff. As cities’ populations grew in the United States, it became challenging for local sheriffs to serve court papers while attending to criminal situations in their jurisdictions. There was a high demand for an individual other than law enforcement to deliver these papers legally and promptly; for that reason, process servers were born.
What does a process server do?
Process servers are essential in an array of assignments, such as filing court papers, serving legal papers, and document retrieval. Their primary task is to deliver or “serve” legal documents to a party involved in a court case. After serving any legal documents, process servers have to file evidence to the appropriate court. Verification that is submitted is an affidavit of service or proof of service, which must be signed and given to the individual or company that provided the papers for service. Arizona Process Server are legally required to serve documents in the correct manner outlined by their State Rules of Civil Procedure. Process serving laws differ by State and have both in State and out of State serve rules, so each process server may have a distinctive way of carrying out service.
The significance of service of process.
The service of process in the United States is essential for many reasons, but the principle reason is that due process within our court system is upheld. An additional reason process servers are essential elements of society is ensuring that they sufficiently serve the legal papers. If not appropriately served, the court is not able to rule on a case relating to an individual if they were not legally made aware of it. The entire case may be thrown out if service is determined to be improper, and will have to refile. Therefore, it is essential to be aware of the laws and statutes of the issuing States court about the proper way to serve a party.