NCJ Number
84288
Date Published
1981
Length
13 pages
Annotation
These guidelines for process service in civil actions cover legal requirements by types of service, practical means to achieve the legal requirements, and a sheriff's civil arrest in process service.
Abstract
The purpose of process service is to notify a defendant that legal proceedings are instituted. Failure to do this properly either through an illegal act or by omission of a required act may impair or prejudice an individual's rights. Legal requirements will differ according to the following entities receiving the service: (1) a natural person (other than a partnership, corporate officer, etc.), (2) infants, (3) incompetents, (4) partnerships, (5) corporations, (6) the State, and (7) governmental subdivisions. Other types of service with special requirements are citations, show-cause orders, and subpoenas. After a service has been made, the plaintiff must be provided with a means to prove to the court that the proper service was made. Steps in making the service include locating the person to be served, identifying the person to be served, gaining entrance to the premises, and leaving a copy of the service so it can readily be reached by the person being served. Civil arrests may be made under the following arrest processes: (1) order of arrest, (2) commitment for contempt, (3) attachment against the person, and (4) warrant of arrest. The deputy making the arrest should obtain as much information as possible about the person, determine if the arrest will leave children of the arrestee unattended, decide on the best time and place to make the arrest, and use a direct approach. The deputy may use force as is reasonably required by the situation to make the arrest.