1. ASTAI 7263 Maple Place, Suite 203 Annandale, Virginia 22003-3004
Office
Fax
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Investigation Services Electronic Countermeasures
Locate Missing Persons Personal Security & Protection
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Process Servers Guide

2. Service of Process
1. Procedure
2. Methods
3. Statute

3. Procedure
Once an action is started, due process of the law must occur to have any Court of jurisdiction enforce such matters, first the defendant must be given notice. This is the giving of the necessary paperwork to any party in the caption.

4. Method Personal Service Residence Service Mail Service
Fax & Electronic Service
Publication Service

5. Method Personal Service
This is when a Deputy Sheriff or Special Process Server personally and physically delivers the petition and summons to the Defendant.

6. Method Residence Service
This is when the petition and summons are delivered to the residence or place of business of the Defendant and left with someone authorized by law to receive service for the Defendant. To include Posting.

7. Method
Mail Service
Many types of lawsuits can be served by sending them to the Defendant via certified mail, overnight delivery, priority mail, commercial courier service, or other reliable personal delivery service as long as there is a written or electronic receipt provided.

8. Fax and Electronic Service
Method
Fax and Electronic Service
Some paperwork may be served by sending it through facsimile transmission or through . For example, notices of hearings and garnishments are frequently serviced through e-service.

9. Method Publication Service
When a Defendant cannot be found after a diligent search, publication service may be authorized by the Court.
Posting in a newspaper.

10. Service of Process is required by the doctrine of due process of law and is an absolute necessity in each and every case.

11. Statutes 1. McCoy v. Hickman 15 A.2nd 427 (1940)
2. Safeway V. Ramirez 409 P.2d 292 (1965)
3. Lane v. Elco Industries 656 P.2d 650 (1982)
4. Hirch v. National Van Lines 666 P.2d 49 (1983)
5. Cuomo v. Cuomo 533 N.Y.S.2d 940 (1988)
6. McWherter v. CBI Services 153 F.R.D. 161 (1994)

12. Legal Research Reading the Law “or” means there are alternatives
“and” means sequence, more
“may” means discretion
“shall” means no discretion

13. What does it mean?
Just what it says!

14. Sources of Law Case Law Common Law Ordinances State Constitution
State Rules & Regulations
State Statutes

15. Sources of Law U.S. Constitution U.S. Federal Rules & Regulations
U.S. Federal Statutes

16. Sources of Law Other Courts: Municipal Courts Bankruptcy Courts
Tax Courts
Administrative Courts
Military Courts

17. Organization of Courts
First Circuit: Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island
Second Circuit: Connecticut, New York, and Vermont
Third Circuit: Delaware, New Jersey, Pennsylvania, and the Virgin Islands
Fourth Circuit: Maryland, North Carolina, South Carolina, Virginia, and West Virginia
Fifth Circuit: Louisiana, Mississippi, and Texas
Sixth Circuit: Kentucky, Michigan, Ohio, and Tennessee
Seventh Circuit: Indiana, Illinois, and Wisconsin
Eight Circuit: Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota
Ninth Circuit: Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington
Tenth Circuit:: Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming
Eleventh Circuit: Alabama, Florida, and Georgia
Twelfth Circuit: District of Columbia

18. Organization of Courts
State Court System
There are fifty state court systems. One for each state. Here matters relating to state laws can only be heard.

19. Organization of Courts
Federal Court System
The Federal system only concerns itself with issues involving federal law.

20. The End JB Investigations & Security Services
7263 Maple Place, Suite 106
Annandale, Virginia
Office
Fax
Web:
The End
Investigation Services Electronic Countermeasures
Locate Missing Persons Personal Security & Protection
Skip-Tracing Services Personal Injury Investigations
Private Process Service Pre-Employment Screening
Criminal & Civil Searches Vehicle & Driving Searches
Process Servers Guide

21. Review Questions
1. Why is it necessary to formally serve the Defendant with a Summons and copy of the Petition or Complaint?
2. How closely must the requirements of statutes on service of process be followed?

22. Review Questions
3. Is service of process valid when the Complaint & Summons are left at the last known address of the defendant, but they actually do not live there?
4. What is the purpose of service of process?

23. Review Questions
5. What is the purpose for requiring a Plaintiff to serve a Defendant with process within a specified time period after the lawsuit has been filed?
6. When is a Plaintiff entitled to a default judgment against the Defendant?

24. Review Questions
7. Can a default judgment be entered against the Defendant who has not been served properly with process, but only because he or she has knowingly interfered with attempts at service and thereby prevented service from being effectuated or accomplished?