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This means the server hands the papers to that party, though this may take place anywhere the defendant can be located. It is not necessary for the party to accept the documents being served, as this would be a sure and easy for any individual to delay or avoid court proceedings.

Todd is evidently trying to avoid being served, as she is unsuccessful. Mary then places another copy of the documents into an envelope and mails them to Todd at his office.

Jurisdiction — The legal authority to hear legal cases and make judgments; the geographical region of authority to enforce justice. Defendant — A party against whom a lawsuit has been filed in civil court, or who has been accused of, or charged with, a crime or offense.

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Plaintiff — A person who brings a legal action against another person or entity, such as in a civil lawsuit, or criminal proceedings. The server must tell the person with whom the documents are left that they are legal papers for the party. It the party refuses to take the documents, or closes the door after being told what they are, the server may simply leave the papers on the ground at their feet, or in front of the door.

Related Legal Terms and Issues Civil Lawsuit — A lawsuit brought about in court when one person claims to have suffered a loss due to the actions of another person. No matter the method of service, it must be done and testified to by an uninvolved third party.

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Such requirements generally include: Immediately after service by substitution, the server must mail a copy to the party at the address where the documents were left. This allows enough time for the recipient to actually receive the documents.

She then documents, on her proof of service, all of her attempts at serving Todd, as well the identity of the person with whom she finally left the papers, and the date she mailed the second copy. Service by substitution is not considered valid until 10 days after the documents are mailed.

Definition of Proof of Service

Personal Service Personal service requires that the documents be personally delivered to the party being served. The person serving the papers must ensure the identity of the person they are serving, then hand the documents to him, and inform him that they are court documents. In all cases, the initial court documents, usually the Summons and a complaint, must be personally served, which means they must be personally delivered to the defendant named in the lawsuit.

A professional process server A county sheriff, marshal, or constable A friend, relative, or coworker who is over the age of 18 Methods of Service The laws in each jurisdiction state specifically what method must be used to serve court documents in different situations.

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Summons — An order or citation to appear in court, or to appear before a judge or magistrate. Mary goes to his house four different times, and even attempts to deliver the documents to Todd at his office.

The proof of service by mail must state the address to which the envelope was mailed, what class postage was used such as first-class mailand the address from where the documents were mailed.

The date of mailing is important, as mailed documents are not considered to have been served until 5 days after mailing in most jurisdictions. Service by Mail Once the court action is under way, most subsequent documents may be served by mailing them to the other party.

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Once the action has begun and properly personally served, subsequent documents in the case may often be served by mail, though there are certain requirements for this as well. Proof of personal service must state the date, time, and location where the documents were given to the party.

It is critical that legal documents be served in the manner specified in the law, or the case may be delayed or even dismissed. Service of process can be done by: Even if the party tears the documents up and throws them away, service is deemed to have been properly made.