What is Process Serving?

Process serving is the delivery or “service” of legal documents to a litigant or a witness in a court case. Most of the time, this litigant is the defendant, and he or she is served with a summons to appear in court because he or she is being sued. Witnesses are also served subpoenas by lawyers or pro se litigants to appear in court or at a deposition to testify.

Personal service is usually best, but if this cannot be achieved, substituted service, or service by other means, is allowed in most states in nearly all types of lawsuits. If the subject has been identified, but refuses service, the papers may be dropped on the ground by him or her, and this is considered valid service. If a corporation, LLP, or LLC is to be served, personal service, in the hand of the registered agent, is required.

Once any legal documents have been served, process servers are required by law to provide proof that the papers were delivered to the person that they were meant for. The verification comes in the form of a signed and notarized affidavit. This document is referred to as either “proof of service” or an “affidavit of service,” and a copy must be provided to the company or person(s) that asked for the papers to be served. This usually means it will be sent to the law firm that represents the individual(s) or entity. The original must be filed in court.

Process serving is a crucial part of the judicial process, and, as such, the manner in which papers are served is governed by each state’s civil practice legislation and must be performed correctly in accordance with such local laws.

Process serving is mandatory for many different reasons. The most significant reason, of course, is maintaining the due process of law in the country, which is a hallmark of our justice system. Process serving in a civil society is essential because legal papers must be served appropriately and effectively to ensure fairness and equal rights under the law. No court can rule on a legal matter if there are involved entities and/or people that are not aware of the proceedings. That is why court-deemed improper service can cause a solid case to be thrown out.

Baton Rouge Process Servers is headed by Process Server Scott Frank, who has been in the process serving business for nearly 20 years. He covers the greater Baton Rouge area including…

Baton Rouge Process Servers are the leading Louisiana process servers. Here are just a few of the many Louisiana legal services that we provide:

  • Service of Process: in-person and substituted service of summonses and complaints, claims, writs, and subpoenas
  • Litigation Searches: searching local courthouses for court records and documents and making copies, if necessary
  • Court Filing: filing documents in new or existing case files, along with filing fees, in jurisdictions that do not use e-filing or fax-filing

If you have any further question about what process serving involves, call Scott anytime at 1-337-254-8169. He and each Louisiana process server at Baton Rouge Process Servers are here to help you with all your Louisiana legal support needs.

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