Filing & Pleadings
Service of Process
Legally delivering your filed documents to the other side — and proving it to the court.
Local rules vary: Acceptable service methods and who may serve differ by state and case type. Confirm your court's rules before serving.
Why service matters
Filing your case with the court isn't enough. You must also serve a copy on the other side so they know about the case and have a chance to respond. If you don't serve correctly, the case can stall or be dismissed.
Who can serve
Usually you cannot serve the papers yourself. Service is often done by:
- A sheriff or marshal (for a fee).
- A private process server.
- In some cases, a competent adult who is not a party and is over 18.
Common methods
- Personal service — handing the papers to the person.
- Substituted service — leaving them with a suitable adult at the person's home or workplace.
- Certified or registered mail — in some case types.
- Publication — only when the person can't be found, and usually requires court permission.
Proof of service
Whoever serves the papers fills out a proof of service (sometimes an affidavit of service) describing what was served, when, and how. You file that proof with the court — it's how the court knows service happened.
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