Nature and Purpose of Process Service

By Robin R Enos

The first step in understanding the concept of service of process is to know the legal meaning of the word "process". In its broadest sense, "process" is the same with "proceeding" and includes a legal proceeding from beginning to end. Used in a narrow strict sense, the word "process" refers to the method by which the courts compel obedience to its demands. The most encompassing definition of judicial "process" refers to all writs, warrants, summonses, and orders of courts of justice or judicial officers.

In addition, "process" as defined by the codes is synonymous to a writ or summons issued by the courts in the course of a judicial proceeding of either a civil or criminal nature. A "writ" is an order issued in the name of the people or of a court or judicial officer. A "summons" is the process by which a court acquires personal jurisdiction over a defendant in a civil action. The process by which a witness (not a party to an existing law suit) is compelled to appear before a court or magistrate is required is called a subpoena.

Among the processes served by the courts, service of summonses has the most significance mainly because it is the means by which the courts acquire personal jurisdiction over the defendant in a lawsuit. Before a lawsuit can even commence, the courts have to get the defendant within the scope of its powers. It is an order signed by proper authority directing the party served to appear within a stated time, and giving the party notice that unless he or she does so, judgment will be entered against him or her by default.

Service of summonses is an aspect of Due Process of Law. The content of the summonses inform the defendant that a lawsuit was commenced against him and he is required to appear before the court. Failure to do so would have grave consequences.

Similarly, failure of proper service of summons is detrimental to Plaintiff especially if summons was not served within the statutory period or within the Statute of Limitations. It may result to the dismissal of the action for lack of jurisdiction. Delay in service or in the return of process beyond a reasonable time or the periods prescribed by statute are grounds for dismissal of the action.

Therefore, service of process is an important aspect of our constitutional right. Failure to abide by the requirements of proper service of process results to consequences to both Plaintiff and Defendant. Jurisdiction over the parties is necessary for the validity of any personal judgment. Failure to serve process can result to dismissal of actions.

Hence, it is essential that a competent process server will issue or tender the writ, summons or other processes. Making a strong foundation by serving legal processes right is a basis to a successful lawsuit. He or she must know that behind the sheets of paper he or she is going to serve lie the rights of a party to a judicial relief.

To get your papers served fast, efficiently, economically, and in a manner that will satisfy the Court - or just to discuss your California Process Service needs - contact PremierLegalSupportService.com at (855) 768-5283. Available 24/7.

We have also prepared you a Process Service Request Form for your convenience.