Process serving laws

From Wikipedia, the free encyclopedia

Each state has process serving laws, or Rules of Civil Procedure, that govern civil procedure in their courts, or more simply, court procedures for civil suits in their state. The United States also has their own set of Federal Rules of Civil Procedure, which most state service of process laws are based on.

Some states prohibit the delivery or serving of documents on Sundays, Holidays, and / or Election Days. However, some states will allow the service of documents under special circumstances. One such circumstance is when the service of process is pursuant to a court order. Please review the laws of the state that you wish to serve papers, or have papers served, to see whether that state has any delivery restrictions.

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The following is a list of states that prohibit service of process on Sundays, Holidays, or Election Days:

FLORIDA: According to the Florida Statutes §48.20, service of process cannot be performed on Sundays.

MAINE: According to the Maine Revised Statutes §705, service of process cannot be performed on Sundays.

MASSACHUSETTS: According to the General Laws of Massachusetts Chapter 136, Sec. 8, service of process cannot be performed on Sundays.

MICHIGAN:(Has Been Changed - Need to update) According to the Michigan Compiled Laws §600.1831, service of process cannot be performed on Sundays and Election Days.

MINNESOTA: According to the Minnesota Statutes §624.04 and §645.44(5), service of process cannot be performed on Sundays and holidays.

NEW YORK: According to the New York General Business Law §11, service of process cannot be performed on Sundays. Also, according to the New York General Business Law §13, process service cannot be performed upon a person who keeps Saturday as holy time.

RHODE ISLAND: According to the General Laws of Rhode Island §9-5-24, service of process cannot be performed on Sundays.

SOUTH DAKOTA: According to the South Dakota Codified Laws §1-5-2, service of process cannot be performed on Sundays.

TENNESSEE: According to the Tennessee Code Annotated §20-2-105 and 106, service of process cannot be performed on Sundays, except by a court order.

TEXAS: According to the Texas Rules of Civil Procedure, Rule 6, service of process cannot be performed on Sundays.

VIRGINIA: According to the Code of Virginia §8.01-289, service of process cannot be performed on Sundays.

WEST VIRGINIA: According to the West Virginia Code §56-3-16, service of process cannot be performed on Sundays.

[edit] References

• Process Serving Laws

Civil Procedure
Federal Rules of Civil Procedure Civil Procedure Rules 1998 Doctrines of civil procedure Jurisdiction Subject matter jurisdiction Personal jurisdiction Proper venue Change of venue Forum non conveniens Removal jurisdiction Pleadings and motions Service of process Process serving laws Complaint Cause of action Class action Class Action Fairness Act of 2005 Demurrer Answer Affirmative defense Reply Counterclaim Cross-claim Joinder Interpleader Pre-trial procedure Discovery Interrogatories Depositions Resolution Without Trial Default judgment Summary judgment Voluntary dismissal Involuntary dismissal Settlement Trial Parties Plaintiff Defendant Jury Voir dire Burden of proof Judgment Judgment as a matter of law (JMOL) Renewed JMOL (JNOV) Motion to set aside judgment New trial Remedy Injunction Damages Attorneys' fees American rule English rule Declaratory judgment Appeal Mandamus Certiorari
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[edit] See also

• Federal Rules of Civil Procedure
• Civil Procedure
• Service of Process

[edit] External links

• Links to District, Circuit, and Other Courts in each State, plus Guam, Puerto Rico, and Washington DC
• Rules of Civil Procedure for each State, plus Guam, Puerto Rico, and Washington DC