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Service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party court or administrative body in an effort to exercise jurisdiction over that person to enable the person to respond to the proceeding before the court body or other tribunal notice is furnished by delivering a set of court documents to the person to be served service each jurisdiction has rules regarding the appropriate service of process typically a summons and other related documents must be served upon the defendant personally or in some cases upon another person of suitable age and discretion at the person's residence or place of business or employment in some cases service of process may be affected through the mail as in some small claims court procedures in exceptional cases other forms of service may be authorized by procedural rules or court order including service by publication when an individual cannot be located in a particular jurisdiction proper service of process initially establishes personal jurisdiction of the court over the person served if the defendant ignores further pleadings or fails to participate in the proceedings then the court or administrative body may find the defendant in default and award relief to the claimant petitioner or plaintiff the defendant may contest the default in his or her home state service of process must be distinguished from service of subsequent documents between the parties to litigation service of process in cases filed in the United States district courts is governed by rule for of the Federal Rules of Civil Procedure in England and Wales the rules governing service of documents are contained within part 6 of the civil procedure rules 1998 service on a defendant who resides in a country outside the jurisdiction of the court must comply with special procedures prescribed under The Hague service convention if the recipient's country is a signatory service on defendants in many South American countries and some other countries is affected through the letter rotatory process where a defendant's whereabouts are unknown the court may permit service by publication usually in a newspaper in the past in many countries people did not have the right to know that there were legal proceedings against them in some cases they would only find out when magistrates showed up with the sheriff and seized their property sometimes throwing them into debtors prison until their debts were paid the fifth and fourteenth amendments to the United States Constitution prohibit the federal and state governments from depriving any person of life liberty or property without due process of law therefore the process server is serving the recipient with notice of their constitutional right to due process of the law in ancient times the service of a summons was considered a royal act that had serious consequences it was a summons to come to the king's court and to respond to the demand of a...
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