Technology has changed how process servers work. GPS-verified attempts, photo evidence, real-time status updates, and electronic proofs of service now set the standard for documentation, and some courts even authorize service by email or other electronic means. This article explains these changes and what they mean for your firm.
But first, we will dive into an overview of process server duties, and how law firms can work with servers to ensure a completed, defensible serve.
What Your Firm Needs From a Process Server
When your firm works with a process-serving company, it does not hire a new process server for every case. The provider assigns servers, follows the service rules in each jurisdiction, and reports on each serve. The provider’s process and the server’s work both affect whether service holds up.
For your firm, the useful question about digital tools is what they record during each attempt and how quickly your staff can see that record.
Private process servers and sheriffs
Depending on the court, your firm may be able to use a sheriff or another officer of the court to serve papers. In federal court, for example, Federal Rule of Civil Procedure 4(c)(3) lets the court order service by a United States marshal at the plaintiff’s request. Where the court’s rules allow it, your firm can also use a private process server. When you compare process-serving companies, you can ask how each one vets its servers, because those servers are the people who deliver the documents to the recipient.
Who can serve process in your firm’s matters
Requirements for process servers vary by state, and some cities add their own. In federal court, Federal Rule of Civil Procedure 4(c)(2) allows any person who is at least 18 years old and not a party to serve a summons and complaint.
State rules can add registration or licensing. For example, California Business and Professions Code section 22350 applies to an individual who makes more than 10 services of process in the state in one calendar year for compensation. With limited exceptions, such as sheriffs and licensed private investigators, that individual must file and maintain a certificate of registration as a process server with the county clerk where they live or have their principal place of business. A provider that works across states can confirm that the servers it assigns meet each jurisdiction’s registration or licensing requirements. Your firm can ask the provider how it confirms this.
The core duties of a process server
Delivering papers such as a summons or subpoena is only part of the work. A process server’s other duties shape the record your firm receives and the next step it can take.
A process server’s duties include:
Compliance with service rules: The process server follows the service rules that apply to the matter. If service does not meet those rules, the party who was served can challenge it. In federal court, that challenge is raised as a defense of insufficient service of process under Federal Rule of Civil Procedure 12(b)(5). If the court finds the service insufficient, the papers may need to be served again, which delays the matter.
Confidentiality: The National Association of Professional Process Servers Code of Ethics asks its members to protect the confidentiality of clients and the entities being served.
Documentation of attempts and service: The process server records each attempt and completes proof of service in the form the court requires. In federal court, Federal Rule of Civil Procedure 4(l)(1) requires proof of service to be made to the court unless service is waived. Unless a United States marshal or deputy marshal made service, that proof must be the server’s affidavit.
Attempts at the right time and place: The process server attempts service at the address your firm provides and may try early mornings or evenings to reach the recipient.
Status updates: The process server reports each attempt to the provider, which passes status updates to your firm.
What Digital Innovations Law Firms Should Expect From Process Servers
When hiring a process server or process serving provider, law firms should look for companies that have adopted the latest technological innovations. These innovations support compliance and speed.
Real-time status updates
Some providers give clients an online view of each serve, with updates when documents are received, when attempts are made, and when service is complete.
Those updates can replace many of the calls and emails your staff would otherwise send to find out where a serve stands.
Technology that supports service attempts
Providers and process servers may use several kinds of technology to plan attempts, record them, and manage documents:
Address validation tools: Before the first attempt, a provider may combine these tools with manual review to confirm the recipient’s address and spot problems early.
Digital mapping and GPS: Mapping tools and GPS help a process server plan attempts and navigate to the service address.
Process serving software: Any qualified process serving provider will have a system that facilitates process serving order and management. It should have integrations with legal document management systems, self-service options, extraction of data from legal documents, automatic proof/affidavit generation, and other features for the management and tracking of orders.
Mobile apps: Qualified process servers and process serving providers will have proprietary mobile apps. The server can take the app with them in the field and capture and upload evidence at the time of the serve. This improves accuracy of evidence capture and speed of updates.
Digital records behind proof of service
Digital records help the proof of service hold up if it is challenged. A process server can capture digital timestamps, GPS coordinates, and location photos for each attempt. Some providers capture service details as events occur, so the server can complete the affidavit of service without reconstructing events later.
New York City is one jurisdiction that requires this kind of record. Under section 2-233b of Title 6 of the Rules of the City of New York, process servers licensed by the city’s Department of Consumer and Worker Protection must ensure that a mobile device makes an electronic record of the GPS location, time, and date immediately after every attempted or completed service. An independent third-party contractor must keep that original record unaltered for at least seven years. In a New York City matter, that record shows when and where each attempt occurred.
When service is complete, the provider returns the signed proof of service to your firm. If the court requires the proof to be filed, a qualified provider can file it under that court’s rules. Our guide to process server verification explains how proper delivery is confirmed.
Electronic service by court order
Some courts can authorize service by email or social media after other attempts fail. When a court approves that method, its order directs how the papers are sent electronically. Your firm’s request for that order may depend on the record of earlier attempts.
For example, Texas Rule of Civil Procedure 106(b)(2) allows a court to authorize service electronically by social media, email, or other technology that the evidence shows will be reasonably effective to give the defendant notice of the suit. The court acts on a motion supported by a statement sworn before a notary or made under penalty of perjury. That statement must list a location where the defendant can probably be found and show that service was attempted there without success.
In a Texas matter, the attempt history the process server records can support that statement when your firm asks the court for electronic service.
Why the Service Record Matters When Your Firm Chooses a Provider
Process server duties still center on delivering papers correctly and proving it. When your firm compares providers, how each one records attempts, reports status, and returns proof of service deserves as much attention as how quickly the first attempt happens.
Proceed’s Service of Process delivers court documents through a nationwide network of vetted, professional process servers who have local expertise. Your firm receives status updates throughout the serve and documentation that includes digital timestamps, GPS coordinates, and location photos where applicable.
Contact us to discuss your firm’s service of process needs.
Frequently Asked Questions
How quickly will a process server make the first attempt?
With Proceed’s normal service, the first attempt is typically made within 24 to 48 hours after we receive the documents. Rush service typically brings the first attempt within 24 hours. For urgent matters, we also offer same-day service.
How long the serve takes overall also depends on the address, the recipient’s availability, and the service method. Our guide to how long it takes a process server to serve papers explains how the number of attempts and the service method affect timing.
What happens if a process server cannot complete service?
The process server documents the unsuccessful attempt, and your firm uses that record to decide what to do next. At Proceed, the process server’s notes may describe conditions at the location or whether anyone appears to be living there.
If the address is still good, the next step may be another attempt. If the party has moved, your firm can provide an updated address or request Skip Tracing, a search of multiple data sources for the party’s current contact information. Where the court’s rules allow it, your firm may also ask the court to approve an alternative method.
Our article on what happens when a serve cannot be completed covers alternative service methods in more detail.
What should your firm include in a service of process order?
Your order should include the documents to be served, the recipient’s name, the best address you have, and any court deadline. We review each order before attempts begin to confirm the information is complete and aligned with jurisdictional requirements. Extra details, such as a previous address or the recipient’s phone number, can make a skip tracing search faster and more accurate if one becomes necessary.
