Service Of Process Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Service Of Process, written in plain English, along with examples of how it is used.
What is Service Of Process?
(n) Service of process is the delivery of document such as notice, summons, shawcause, writs, vacations etc. , by giving or arranging to give copies of the original
History and Meaning of Service Of Process
Service of process is an essential part of the legal system, and it means officially notifying or delivering a document, usually a legal notice or summons, to a person or entity. The purpose of service of process is to inform individuals or organizations that they are involved in a legal proceeding and have been legally notified and given an opportunity to respond or act as needed.
The concept of service of process dates back to early English law, where it was the responsibility of the sheriffs or their deputies to deliver the summons and notify the defendants of the legal proceedings against them. In modern times, service of process may be done by anyone who is at least 18 years old and not a party to the legal action, and it must comply with the rules and procedures of the jurisdiction where the action is being heard.
Examples of Service Of Process
- A process server delivers a summons to a defendant in a civil lawsuit.
- A constable serves a warrant for the arrest of a suspect in a criminal case.
- A courier delivers a notice of termination to a terminated employee.
- A landlord serves a notice to vacate to a tenant who has not paid rent.
- A divorce petition is served to a spouse through their attorney.
Legal Terms Similar to Service Of Process
- Summons: A legal document issued by the court that orders a defendant to appear in court and defend against the allegations made in a lawsuit.
- Subpoena: A legal document that orders a person to appear in court and provide testimony or evidence in a legal matter.
- Writ: An order issued by a court that requires a person or entity to do or refrain from doing a specific act.