Service of Process Regulations

Service of process is the procedure that puts someone who is being sued, called a defendant, on notice that a legal claim has been filed against him. Regulations that cover service of process vary from state to state.

Purpose

The purpose of service of process is to notify the defendant that there is a legal claim against her. The person suing the defendant, called the plaintiff, serves process by giving the defendant a copy of the claim against him and a summons, that tells the defendant how to answer the claim.

Content

Regulations for process of service establish how and when the plaintiff has to give the defendant the summons and complaint. For example, in federal court, the plaintiff has to serve the defendant within 120 days. The rules also explain what to do in special circumstances, such as if the defendant is a corporation or a child, or if the defendant lives in a foreign country.

Location

In federal civil court, Rule 4 of the Federal Rules of Civil Procedure regulates service of process. If you want to find state court regulations, look on your state court's web page for a link to court rules or rules of civil procedure, or visit the law library at your local courthouse.

References

• Cornell University Law School: Federal Rules of Civil Procedure--Rule 4, FRCP