DocketX / Legal issues / Serving a lawsuit correctly
A judgment built on bad service can fall; the service rules are exact. Below are the controlling rules, quoted word for word — the same text our citation gate verifies against — so you can read what actually governs instead of a paraphrase.
Held word for word in the DocketRouter rules corpus; this is the rule's own text, not a summary.
Whenever citation by publication is authorized, the court may, on motion, prescribe a different method of substituted service, if the court finds, and so recites in its order, that the method so prescribed would be as likely as publication to give defendant actual notice. When such method of substituted service is authorized, the return of the officer executing the citation shall state particularly the manner in which service is accomplished, and shall attach any return receipt, returned mail, or other evidence showing the result of such service. Failure of defendant to respond to such citation shall not render the service invalid. When such substituted service has been obtained and the defendant has not appeared, the provisions of Rules 244 and 329 shall apply as if citation had been served by publication.
Held word for word in the DocketRouter rules corpus; this is the rule's own text, not a summary.
RULE 98. SUPPLEMENTAL ANSWERS ............................................................................ 57 RULE 99. ISSUANCE AND FORM OF CITATION ........................................................... 58 RULE 103. WHO MAY SERVE ............................................................................................. 59 RULE 105. DUTY OF OFFICER OR PERSON RECEIVING ........................................... 59 RULE 106. METHOD OF SERVICE .................................................................................... 59 RULE 107. RETURN OF SERVICE ...................................................................................... 60 RULE 108. SERVICE IN ANOTHER STATE ..................................................................... 62 RULE 108a. SERVICE OF PROCESS IN FOREIGN COUNTRIES ................................ 62 RULE 109. CITATION BY PUBLICATION ........................................................................ 63 RULE 109a. OTHER SUBSTITUTED SERVICE ................................................................ 63 RULE 110. EFFECT OF RULES ON OTHER STATUTES ............................................... 64 RULE 111. CITATION BY PUBLICATION IN ACTION AGAINST UNKNOWN HEIRS OR STOCKHOLDERS OF DEFUNCT CORPORATIONS .............................................. 64 RULE 112. PARTIES TO ACTIONS AGAINST UNKNOWN OWNERS OR CLAIMANTS OF INTEREST IN…
Held word for word in the DocketRouter rules corpus; this is the rule's own text, not a summary.
OF SERVICE (a) Endorsement; Execution; Return. The officer or authorized person to whom process is delivered must: (1) endorse on the process the date and hour on which he or she received it; (2) execute and return the same without delay; and (3) complete a return of service, which may, but need not, be endorsed on or attached to the citation. (b) Contents of Return. The return, together with any document to which it is attached, must include the following information: (1) the case number and case name; (2) the court in which the case is filed; (3) a description of what was served; (4) the date and time the process was received for service; (5) the person or entity served; (6) the address served; (7) the date of service or attempted service; (8) the manner of delivery of service or attempted service; (9) the name of the person who served or attempted service; (10) if the person named in (9) is a process server certified by the Judicial Branch Certification Commission, his or her identification number and the expiration date of his or her certification; and (11) any other information required by rule or law. (c) Citation by Mail. When the citation is served by registered or certified mail as authorized by Rule 501.2(b)(2), the return by the officer or authorized person must also contain the receipt with the addressee’s signature. (d)…
Held word for word in the DocketRouter rules corpus; this is the rule's own text, not a summary.
(a) The officer or authorized person executing the citation must complete a return of service. The return may, but need not, be endorsed on or attached to the citation. (b) The return, together with any documents to which it is attached, must include the following information: (1) the cause number and case name; (2) the court in which the case is filed; (3) a description of what was served; (4) the date and time the process was received for service; (5) the person or entity served; (6) the address served; (7) the date of service or attempted service; (8) the manner of delivery of service or attempted service; (9) the name of the person who served or attempted to serve the process; (10) if the person named in (9) is a process server certified by the Judicial Branch Certification Commission, his or her identification number and the expiration date of his or her certification; and (11) any other information required by rule or law. (c) When the citation was served by registered or certified mail as authorized by Rule 106, the return by the officer or authorized person must also contain the return receipt with the addressee’s signature. (d) When the officer or authorized person has not served the citation, the return shall show the diligence used by the officer or authorized person to execute the same and the cause of failure to execute…
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Rule text is reproduced verbatim from official sources as held in the DocketRouter corpus; rules are amended, so always confirm against the linked official source before filing. Not legal advice and not a law firm. If you can get a lawyer or free legal aid, do.