Legal Definitions - alias process

An alias process refers to a second or subsequent legal document, such as a summons, subpoena, or writ, issued by a court when the initial attempt to serve or execute the original document was unsuccessful. The term "alias" means "another" or "otherwise known as," indicating that it is a re-issuance of the same type of court order or notice, allowing for another attempt to properly notify a party or enforce a court's directive.

• Example 1: Reaching a Defendant in a Civil Lawsuit

  Imagine a small business sues a former client for unpaid services. The court issues an initial summons, which is the official notice informing the client they are being sued and must respond. The process server attempts to deliver this summons to the client's last known address, but it's returned as undeliverable because the client recently moved. To proceed with the lawsuit, the business's attorney would request an alias summons from the court. This is a new summons, identical to the first, but issued to allow for another attempt at service, perhaps at a newly discovered address or through an alternative method approved by the court.

  This illustrates an alias process because the court is issuing a second summons (the same type of document) after the first attempt to serve the original summons failed, enabling the plaintiff to try again to properly notify the defendant.

• Example 2: Enforcing a Court Judgment

  Consider a situation where a bank obtains a court judgment against an individual who defaulted on a loan. To collect the money, the court issues a writ of execution, which is a legal order directing the sheriff to seize the individual's assets. The sheriff attempts to serve this writ and locate assets at the address provided but finds the property vacant and no assets. The bank's attorney can then request an alias writ of execution. This new writ allows the sheriff to make another attempt to locate and seize assets, potentially using updated information about the individual's whereabouts or other known property.

  This is an alias process because it involves the re-issuance of the same type of court order (a writ of execution) after the initial attempt to execute it was unsuccessful, providing a renewed opportunity for enforcement.

• Example 3: Securing Witness Testimony

  In a criminal trial, the prosecution needs a specific witness to testify. The court issues a subpoena, a legal command requiring the witness to appear in court. The process server attempts to deliver the subpoena to the witness's home and workplace but is unable to make personal contact within the required timeframe. To ensure the witness's appearance, the prosecutor can request an alias subpoena. This allows for another attempt to serve the witness, perhaps with new information about their schedule or an extended deadline for service.

  This demonstrates an alias process as it involves the court issuing a second subpoena (the same type of legal command) because the first attempt to properly serve the witness failed, necessitating a renewed effort.