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Rules for Service of Process by State

Disclaimer: Due to the rapidly changing nature of the law, there will be times when the material on this site will not be current. It is provided for general information purposes only and is not intended as legal advice. It should not be considered comprehensive or exhaustive and is not a substitute for advice from your attorney. We make no express or implied warranty as to the material's accuracy, reliability, completeness, timeliness or appropriateness for a particular purpose, including applicability to your jurisdiction or circumstances. We assume no liability whatsoever for any direct, indirect or consequential damages resulting from your reliance on this material; you do so at your own risk. Seek the advice of an attorney.

  • Alabama
    ALABAMA RULES OF CIVIL PROCEDURE Rule 4. Process: General and Miscellaneous Provisions (a) Summons or Other Process. (1) Issuance. Upon the filing of the complaint or other document required to be...
  • Alaska
    ALASKA RULES OF COURT Rule 4. Process. (a) Summons - Issuance. Upon the filing of the complaint the clerk shall forthwith issue a summons and deliver it to the plaintiff or the plaintiff's attorney,...
  • Arizona
    ARIZONA RULES OF CIVIL PROCEDURE Rule 4(d). Process; By Whom Served Service of process shall be by a sheriff, a sheriff's deputy, a private process server registered with the clerk of the court...
  • Arkansas
    ARKANSAS RULES OF CIVIL PROCEDURE Rule 4. Summons. (a) Issuance. Upon the filing of the complaint, the clerk shall forthwith issue a summons and cause it to be delivered for service to a sheriff or...
  • California
    CALIFORNIA CODE OF CIVIL PROCEDURE § 413.10 Except as otherwise provided by statute, a summons shall be served on a person: (a) Within this state, as provided in this chapter. (b) Outside this state...
  • Colorado
    COLORADO RULES OF CIVIL PROCEDURE Rule 4. Process. (a) To What Applicable. This Rule applies to all process except as otherwise provided by these rules.   (b) Issuance of Summons by Attorney or...
  • Connecticut
    CONNECTICUT GENERAL STATUTES Sec. 52-46. Time for service. Civil process, if returnable to the Supreme Court, shall be served at least thirty days, inclusive, before the day of the sitting of the...
  • Delaware
    CIVIL RULES GOVERNING THE DELAWARE COURT OF COMMON PLEAS Rule 4. Process. (a) Issuance of writs. Upon the commencement of an action, the Clerk of the Court shall forthwith issue the process specified...
  • District of Columbia
    District of Columbia Superior Court Civil Procedure Rules Rule 4. Summons. (a) Form. The summons shall be signed by the Clerk, bear the seal of the Court, identify the Court and the parties, be...
  • Florida
    Florida Rules of Civil Procedure Rule 1.070. Process (a) Summons; Issuance. Upon the commencement of the action, summons or other process authorized by law shall be issued forthwith by the clerk or...
  • Georgia
    CODE OF GEORGIA Title 9. Civil Practice 9-10-94. Service. A person subject to the jurisdiction of the courts of the state under Code Section 9-10-91, or his executor or administrator, may be served...
  • Hawaii
    HAWAII RULES OF COURT Rule 4. Process. (a) Summons - Issuance. Upon the filing of the complaint the clerk shall forthwith issue a summons and deliver it to the plaintiff or the plaintiff's attorney,...
  • Idaho
    IDAHO RULES OF CIVIL PROCEDURE Rule 4(a). Process - Summons - Issuance - Time limits. (1) Summons. At the request of the plaintiff, the clerk of the district court shall forthwith issue a summons and...
  • Illinois
    ILLINOIS COMPILED STATUTES Chapter 735. Civil Procedure 735 ILCS 5/2-201. Commencement of actions - Forms of process. (a) Every action, unless otherwise expressly provided by statute, shall be...
  • Indiana
    INDIANA RULES OF CIVIL PROCEDURE Rule 4. Process (A) Jurisdiction Over Parties or Persons - In General. The court acquires jurisdiction over a party or person who under these rules commences or joins...
  • Iowa
    IOWA RULES OF CIVIL PROCEDURE Rule 49. Original notice; form, issuance and service. A notice informing the defendant, respondent, or other party against whom an action has been filed shall be served...
  • Kansas
    KANSAS STATUTES, CODE OF CIVIL PROCEDURE Chapter 60, Article 3 - Process 60-303. Methods of service of process. (a) Methods of service of process within this state, except service by publication as...
  • Kentucky
    KENTUCKY RULES OF CIVIL PROCEDURE Rule 4. Process. Rule 4.01. Summons - Issuance - By whom served. (1) Upon the filing of the complaint (or other initiating document) the clerk shall forthwith issue...
  • Louisiana
    LOUISIANA CODE OF CIVIL PROCEDURE Chapter 2. Service on Persons Art. 1231. Types of service; time of making Service of citation or other process may be either personal or domiciliary, and except as...
  • Maine
    MAINE RULES OF CIVIL PROCEDURE Rule 4. Process   (a) Summons: Form. The summons shall bear the signature or facsimile signature of the clerk, be under the seal of the court, contain the name of...
  • Maryland
    MARYLAND RULES OF CIVIL PROCEDURE - CIRCUIT COURT Rule 2-111. Process - Requirements preliminary to summons. (a) Information report. Except as otherwise provided by administrative order of the Chief...
  • Massachusetts
    MASSACHUSETTS RULES OF CIVIL PROCEDURE Rule 4. Process (a) Summons: Issuance. Upon commencing the action the plaintiff or his attorney shall deliver a copy of the complaint and a summons for service...
  • Michigan
    MICHIGAN COURT RULES Rule 2.103 Process; Who may serve (A) Service Generally. Process in civil actions may be served by any legally competent adult who is not a party or an officer of a corporate...
  • Minnesota
    MINNESOTA RULES OF CIVIL PROCEDURE Rule 4.02. By Whom Served Unless otherwise ordered by the court, the sheriff or any other person not less than 18 years of age and not a party to the action , may...
  • Mississippi
    MISSISSIPPI RULES OF CIVIL PROCEDURE Rule 4. Summons (a) Summons: Issuance. Upon filing of the complaint, the clerk shall forthwith issue a summons. (1) At the written election of the plaintiff or...
  • Missouri
    MISSOURI SUPREME COURT RULES OF CIVIL PROCEDURE Rule 54.01 Clerk to Issue Process - Separate or Additional Summons Upon the filing of a pleading requiring service of process, the clerk shall...
  • Montana
    MONTANA RULES OF CIVIL PROCEDURE Rule 4. Persons Subject to Jurisdiction - Process - Service A. Definition of Person. As used in this rule, the word "person," whether or not a citizen or resident of...
  • Nebraska
    NEBRASKA REVISED STATUTES 25-505.01. Service of summons; methods. (1) Unless otherwise limited by statute or by the court, a plaintiff may elect to have service made by any of the following methods:...
  • Nevada
    NEVADA RULES OF CIVIL PROCEDURE Rule 4. Process (a) Summons: Issuance. Upon the filing of the complaint, the clerk shall forthwith issue a summons and deliver it to the plaintiff or to the...
  • New Hampshire
    NEW HAMPSHIRE STATUTES Chapter 104 - Sheriffs and constables 104:4 Special Deputy. A sheriff may appoint a special deputy for the service and return of any process, by warrant indorsed thereon, in...
  • New Jersey
    NEW JERSEY RULES GOVERNING CIVIL PRACTICE Rule 4:4. Process 4:4-1. Summons: Issuance The plaintiff, the plaintiff's attorney or the clerk of the court may issue the summons. If a summons is not...
  • New Mexico
    NEW MEXICO RULES OF CIVIL PROCEDURE 1-004. Process. A. Summons; issuance. Upon the filing of the complaint, the clerk shall forthwith issue a summons and deliver it for service. Upon the request of...
  • New York
    NEW YORK CONSOLIDATED LAWS NEW YORK CIVIL PRACTICE LAWS AND RULES Rule 305. Summons; supplemental summons, amendment. (a) Summons; supplemental summons. A summons shall specify the basis of the venue...
  • North Carolina
    NORTH CAROLINA GENERAL STATUTES Rule 4. Process. (a) Summons -- Issuance; who may serve. Upon the filing of the complaint, summons shall be issued forthwith, and in any event within five days. The...
  • North Dakota
    NORTH DAKOTA RULES OF CIVIL PROCEDURE Rule 4. Persons Subject to Jurisdiction--Process--Service (a) Definition of Person. As used in this rule, "person", whether or not a citizen or domiciliary of...
  • Ohio
    OHIO RULES OF CIVIL PROCEDURE Rule 4. Process: Summons (A) Summons: issuance. Upon the filing of the complaint the clerk shall forthwith issue a summons for service upon each defendant listed in the...
  • Oklahoma
    OKLAHOMA RULES OF CIVIL PROCEDURE § 12-2004 Process A. SUMMONS: ISSUANCE. Upon filing of the petition, the clerk shall forthwith issue a summons. Upon request of the plaintiff separate or additional...
  • Oregon
    OREGON RULES OF CIVIL PROCEDURE RULE 7. SUMMONS A. Definitions. For purposes of this rule, "plaintiff" shall include any party issuing summons and "defendant" shall include any party upon whom...
  • Pennsylvania
    PENNSYLVANIA RULES OF CIVIL PROCEDURE Rule 400. Person to Make Service (a) Service of original process shall be made within the Commonwealth by the persons authorized by Rule 400.2 by handing a copy...
  • Rhode Island
    RHODE ISLAND SUPERIOR COURT RULES OF CIVIL PROCEDURE Rule 4. Process, attachment, trustee process, arrest. (a) Summons: Form. The summons shall bear the signature or facsimile signature of the clerk,...
  • South Carolina
    SOUTH CAROLINA RULES OF CIVIL PROCEDURE Rule 4. Process (a) Summons: Issuance. The summons shall be issued by plaintiff or plaintiff's attorney. Copies of the original summons shall be served upon...
  • South Dakota
    SOUTH DAKOTA RULES OF PROCEDURE IN CIRCUIT COURTS 15-6-4(a). Summons - Form. The summons shall be legibly subscribed by the plaintiff or his attorney and directed to the defendant, and shall require...
  • Tennessee
    TENNESSEE RULES OF CIVIL PROCEDURE § 4.01. Summons; Issuance; By Whom Served (1) Upon the filing of the complaint the clerk of the court wherein the complaint is filed shall forthwith issue the...
  • Texas
    TEXAS RULES OF CIVIL PROCEDURE Rule 6. Suits Commenced on Sunday No civil suit shall be commenced nor process issued or served on Sunday, except in cases of injunction, attachment, garnishment,...
  • Utah
    UTAH RULES OF CIVIL PROCEDURE Rule 4. Process. (a) Signing of summons. The summons shall be signed and issued by the plaintiff or the plaintiff's attorney. Separate summonses may be signed and...
  • Vermont
    VERMONT RULES OF CIVIL PROCEDURE Rule 4. Process (a) Summons: Issuance . The summons shall be filled out by the plaintiff's attorney as provided in subdivision (b) of this rule. The plaintiff's...
  • Virginia
    CODE OF VIRGINIA Title § 8.01 Civil Remedies and Procedure § 8.01-285. Definition of certain terms for purposes of this chapter; process, return, statutory agent. For the purposes of this chapter: 1....
  • Washington
    WASHINGTON SUPERIOR COURT CIVIL RULES Rule 4 Process (a) Summons--Issuance. (1) The summons must be signed and dated by the plaintiff or his attorney, and directed to the defendant requiring him to...
  • West Virginia
    WEST VIRGINIA RULES OF CIVIL PROCEDURE Rule 4. Summons. (a) Form . The summons shall be signed by the clerk, bear the seal of the court, identify the court and the parties, be directed to the...
  • Wisconson
    WISCONSIN STATUTES 801.095 Summons form. The summons shall be substantially in one of the forms specified in subs. (1) to (4). The applicable form depends on the type of service and on whether a...
  • Wyoming
    WYOMING RULES OF CIVIL PROCEDURE Rule 4. Process. (a) Issuance of summons. Upon the filing of the complaint the clerk shall forthwith issue a summons and deliver it for service to the sheriff or to a...

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