流程服务

365平台

A party to a lawsuit has the right to receive written notice that they are being sued or that a hearing will be held which might affect him in some way. Many rules have been developed to govern what notice needs to be given, 以及如何以及何时交付. These are usually contained in court rules and rules of civil procedure.

Service of court papers (also referred to as service of process or service) is the delivery of court papers to a party, witness or other person who has a stake in the case. Every state has detailed laws spelling out just how the papers may be delivered, and by whom. When a person has been provided with formal notice of the filing of a lawsuit (that is, 他们被起诉了), 法庭听证或审判的, 或者命令他们参加听证会, 试验或沉积, 据说他们已经被送达.

In most cases, the first papers that must be served are the summons and complaint. These documents give the defendant notice that the lawsuit has been filed and what the plaintiff is seeking (for example, 离婚). The court cannot proceed unless the plaintiff properly serves the defendant with these papers. 主要有五种服务类型:

  • 个人服务–When the person served is physically handed court papers notifying them that they have been sued, 据说是亲自送去的. 几乎所有的诉讼, the summons and complaint must be personally served unless the defendant agrees to accept service. If the defendant does not agree to accept service and is not personally served, the court cannot take any action in the case, unless the plaintiff can show that personal service was impossible.
  • 邮寄服务–Once a party has been properly served with the summons and complaint, most future court papers in the lawsuit may be served on the parties by first-class mail. Most states require that someone other than a party to the action do the actual mailing and file proof of the service with the court.
  • 服务发布–When the whereabouts of a defendant are unknown, or personal service within the state is impossible, a court may allow the defendant to be served with notice of the lawsuit by publishing the notice in a newspaper of general circulation. 一般来说, this type of service is only allowed in cases involving property and status (personal relationships affected by the law). Thus divorces and certain adoptions (status) and partition suits (property) may be allowed to proceed after service by publication. But issues such as child custody and support cannot be decided until and unless personal service occurs.
  • 指甲和邮件–Nail and mail service is the posting of the notice on the person’s home and then mailing him a copy (hence nailing and mailing).
  • 替代服务在一些州, 比如365平台, substituted or alternate service is any method of service a court allows when personal service is impossible or impracticable. 在其他州, 如加州, substituted service is leaving the court papers with a responsible person at the defendant’s home or business and then mailing the defendant a copy.

Once the defendant has been served with the summons and complaint, service of most subsequent court papers may be done by mailing them, without the need for an acknowledgment of service form. 一些论文, 然而, such as contempt of court hearing notices and temporary restraining orders must still be formally served. The party being served, 然而, may voluntarily accept these papers.

在被告被送达之后, defendant usually files an answer or other response and must serve this on the plaintiff; usually it can be served by mail because the plaintiff, 通过提起诉讼, has already appeared in the case and consented to the court’s power to hear the case.

Service of court papers on a witness (for example, service of a notice telling the witness that his deposition has been scheduled), must usually be done personally; service by mail or publication is almost never sufficient.

The least expensive and most convenient way to satisfy the service requirement is for someone on behalf of the plaintiff to mail the summons and complaint to the defendant and ask defendant to sign, date and return a form acknowledging that process was received. This voluntary acceptance of court papers is called accepting service or acknowledgment of service, and saves the plaintiff from having to pay someone to locate and hand deliver the papers, which is otherwise required if the defendant doesn’t cooperate. 在一些州, (the federal courts have a similar but more complicated procedure) the failure to accept service voluntarily makes the defendant responsible for the cost of service even if he otherwise wins the case.

It is important to note that proper service of the summons and complaint can be a very complicated matter and is often governed by the particular laws and rules of the courts and jurisdictions involved.