Serving Court Documents
Serving Court Documents
Serving court documents is the official delivery of legal papers to another person. Papers must be served on any person involved in the case or any person the law requires to receive them.
Service lets the other person know what you are telling the court and what you are asking the court to do.
If papers are not served correctly or within the required time, the court cannot proceed with the case.
A person is considered served when they officially receive the papers.
Papers that start a case—such as a Summons, Petition, or Request for Order—must be filed with the court first and then served on the other person or persons.
After the papers are served, a Proof of Service form must be completed and signed by the person who served the documents. The Proof of Service must then be filed with the court.
How are papers served?
You may not serve the papers yourself.
Any person who is at least 18 years old and not involved in the case may serve papers. The person who serves the papers must complete a Proof of Service form that lists what documents were served and to whom.
Choose someone who is able to accurately complete the Proof of Service form.
You may hire a professional process server. These companies charge a fee for their services.
The Sheriff's Office can also serve papers. The Sheriff charges a fee unless the court has waived it.
In domestic violence cases, the Sheriff will serve the initial papers and any restraining order at no cost.
When the Sheriff serves the papers, they will file the Proof of Service with the court and provide you with a copy.
A friend or relative may serve the papers if they are at least 18 years old, not involved in the case, and willing to complete the Proof of Service and appear in court if necessary. You are responsible for filing the Proof of Service in this situation.
Any peace officer present at the scene of alleged domestic violence may serve an existing Domestic Violence Restraining Order.
A peace officer may also issue and serve an Emergency Protective Order when immediate protection is needed and it is not possible for the protected person to go to court right away.