Rules a Process Server Has To Follow. Process service is one of the most vital processes in the judicial system. Process service cuts across states, jurisdictions and la as each government depends on this process for the judicial system to be complete. It is therefore paramount that there are process servers available to ensure that court documents are served.
Being such an integral part of the system, there are rules stipulated by which every process server has to adhere to for each service to be effective. These rules vary from state to state, country to country and in some countries, province to province.
Rules a Process Server Has To Follow
We sample some of the most common rules set up for process servers.
For you to become a process server, you should be above 18 years of age and of a sound mind. In Canada the age is the same across the provinces.
By law, you should be at an age that demands that you are legally liable for your actions. Where some provinces take this to be 18, others take it as 21 matching the legal drinking age.
Breaking and entering
Process service can be a tricky affair. You are bound to meet several hurdles while trying to serve process to a defendant, especially in contested court cases. It may feel like you need to do anything possible to serve the defendant. However, breaking and entering is against the law no matter your intentions.
If you find a company door open, then you walk in and serve the documents, then you are well within your rights. If you find the gate to a private residence open, you may open it and serve the court papers at the door. Again, you are well within your rights.
However, forcing your way through a door or gate to serve court papers will not work. You can be arrested for this and any papers served in this manner may be easily be thrown out in the case.
Process servers use this trick all the time. Yes, there are points at which you can use this trick; while pretending to be a delivery person for instance. However, you may not pretend to be law enforcement or an officer of the court to serve process. This is considered illegal and again, you might get arrested for it, and it could easily throw the case out of court.
Leaving documents with a minor
There will be times when you will get everything right; the method of service, the address and even the timing. However, if you serve the papers to the defendant but do not find him, you may leave the documents with an adult present at the address listed on the court documents. Leaving the documents with a minor does not serve the purpose.
Understand that when personal service becomes impossible, you have other legal alternatives to serving process. You can post, fax, and email. Do not be stuck or result in illegal ways just to make the service happen.
These are the rules a process server has to follow. Looking for a process serve in Canada? Use the court runner app.
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