What is Service of Process?

The short answer

Service of process is how a court obtains jurisdiction over a person or business. A neutral third party delivers the documents and then files an affidavit or proof of service showing that the recipient was properly notified. Without valid service, a court generally cannot proceed against the served party.

Personal service is hand-delivery of documents directly to the person named in the case. It is the most direct and widely accepted method because it leaves little doubt that the recipient received notice.

When direct delivery is not possible, many states allow substituted service on a suitable person at the recipient's home or workplace, or service on a registered agent for a business. Each state sets its own rules for who qualifies and what notice is required.

After delivery, the process server completes an affidavit or proof of service. This sworn statement records when, where, and how the documents were served, and it is filed with the court to confirm valid service.

Courts impose deadlines for service based on the type of case and document. Missing a deadline can delay the case or lead to dismissal. Rush and same-day service are available when time is short.

When a recipient cannot be located after diligent efforts, courts may permit service by publication in a newspaper, posting, or other substituted method. These methods require court approval and must follow strict procedural rules.