Before a legal case can move through the court system, all parties must be notified and given the opportunity to respond. Service of process is the formal procedure for delivering legal documents, such as summonses, complaints, subpoenas, divorce filings, and eviction notices, to the parties involved. While service of process is required throughout the United States, some stipulations are unique to Florida. Read on for a guide to process serving in the Sunshine State.
Key aspects of service of process in Florida
The rules of process serving vary by jurisdiction and whether the case is civil or criminal. In federal cases, service follows the Federal Rules of Civil Procedure, which differ slightly from the rules of circuit and district courts.
Methods of service
In most cases, legal documents are delivered via personal service. In other words, a process server physically delivers a summons and a copy of the complaint to the appropriate party. This method allows process servers to obtain strong proof of notice.
Sometimes, a process server may use substituted service to deliver papers when an individual can’t be reached directly. This may occur by leaving the documents at the person’s business address or primary residence with a resident who is at least 15 years old.
While some states allow service by mail, Florida limits this method to specific circumstances, such as subpoenas and follow-up legal processes. If a defendant lives out of state, certified mail may be sent through the Secretary of State only after notice has been delivered using substituted service.
Authorized process servers
In states like California, anyone over the age of 18 who is not a party to a case may legally serve court documents. However, Florida law requires that the service of process be completed by authorized individuals, including:
- Sheriff or deputy sheriff: Must be located in the county where service occurs.
- Certified private process server: Must be approved by the judicial circuit.
- Special process server: Must be appointed by the sheriff.
Time limits
After a complaint is filed in civil court, process servers must deliver documents to the defendant within 120 days. If service is not completed, the court may dismiss the action without prejudice. In some cases, an extension may be granted if the plaintiff demonstrates due diligence by promptly arranging service with an authorized process server.
Restrictions
Restrictions of service of process in Florida include:
- Service must be made by an authorized process server.
- Service is generally prohibited on Sunday.
- Servers may not use force, threats, unlawful entry, or deceptive conduct.
- Papers cannot be left on a doorstep.
- Service is typically limited in protected locations, such as court appearances and shelters.
Special circumstances regarding service of process in Florida
Service of process isn’t always as simple as locating a defendant and knocking on their door. The procedure will change under the following circumstances:
Minors
If the person being sued is under the age of 18, documents must be delivered to the minor’s parent, legal guardian, or custodian. When the defendant has no parent or guardian, a guardian ad litem may be appointed, and alternative court-approved service procedures may be granted.
Evasion of service
Defendants rarely want to be served with a petition, and some will go to great lengths to evade suspected process servers. However, the courts won’t stall a case indefinitely just because a recipient refuses to open their door.
A great process server will employ professional skip-tracing techniques to locate an evasive defendant before requesting alternative service methods. However, once attempts have been made to deliver legal documents on different days, at different times, and at different locations, the court may approve a secondary delivery strategy. Since many people only live in Florida seasonally, the court may commission an out-of-state sheriff or a special appointee to serve an order if the defendant has left the state.
What is proof of service?
After serving (or attempting to serve) legal documents to a recipient, a process server will file an additional form to serve as proof that the defendant has received the necessary paperwork.
Key elements of proof of service
Valid proof of service must contain certain information, including:
- Case identification: Court name, case number, names of parties
- Documents served: Summons, petition, complaint, etc.
- Recipient information: Name of defendant or legal guardian
- Method of service: Personal, substituted, or mail
- Delivery details: Date, time, and location of service
- Server information: Name, signature, and authorization information
- Statement of truth or notarization: Affidavit may be sworn under oath, or signature may be notarized
Common forms
Several documents may serve as proof of service, including:
- Affidavit of service/return of service: A sworn, notarized document asserting that both the summons and complaint were delivered to the recipient.
- Sheriff’s return of service: A specialized form used by a sheriff’s deputy who successfully served legal documents.
- Certificate of service: Proof of delivery for documents served after the initial complaint, such as motions, pleadings, and discovery.
- Affidavit of due diligence: If a defendant cannot be located, a process server files this sheet after making a good faith effort to deliver legal documents.
Common mistakes to avoid
Even when service of process is delivered to the standards of the State Department, errors in a proof of service document can invalidate the service. For example, missing information, providing vague details, and failure to list all documents served may delay a case or lead to dismissal.
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