A process server is an individual who is authorized to serve or deliver legal documents such as summonses, complaints, subpoenas, writs, and other court documents to a defendant or person involved in a court case.
The process server must serve the documents in accordance with the legislation in the area of service. This may mean handing the documents to the defendant personally or sub-serving to someone in the same household or business.
Once the documents are delivered, the process server then provides their client with a proof of service, which is a notarized document proving that the papers were served.
This document, also known as an “affidavit of service” or “return of service,” must be given to the person who required the papers to be served.
Process servers have an important role in the legal system as they ensure that the due process rights of all parties are upheld. The right to due process is a constitutional right that guarantees all parties in a dispute will be notified when legal action is taken against them and given an opportunity to be heard in court.
Please note, the rules for who can be a process server, how legal papers may be served, and how proof of service must be provided can vary by jurisdiction and by the type of legal case.
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