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Legal Definitions - Process Server
Definition of Process Server
A Process Server is a professional who is legally authorized to deliver official court documents to individuals or entities involved in a lawsuit or other legal proceedings. Their primary role is to ensure that all parties receive proper notification of legal actions against them, upcoming court dates, or requests for information, which is a critical step in maintaining fairness and due process within the legal system. This delivery, known as "service of process," must often be done in a specific manner prescribed by law to be considered valid.
Example 1: Divorce Proceedings
Maria decided to file for divorce from her husband, David. To officially begin the legal process, David needed to be formally notified that the divorce petition had been filed. However, David had moved out and was not responding to Maria's calls or emails. Maria's attorney hired a Process Server to locate David and personally deliver the divorce summons and petition to him. Once the Process Server successfully handed the documents to David, the court could proceed with the divorce case, knowing David had received proper legal notice.
Example 2: Business Dispute
A small software development company, "CodeCrafters LLC," was being sued by a former client for an alleged failure to deliver a promised product. The client's attorney needed to serve the lawsuit documents to CodeCrafters LLC to initiate the court case. Instead of attempting to deliver the papers themselves, the attorney engaged a Process Server. The Process Server went to CodeCrafters LLC's registered business address and delivered the summons and complaint to the designated agent for service, ensuring the company was officially informed of the lawsuit.
Example 3: Witness Notification
In a criminal trial, the prosecution identified a crucial eyewitness who saw the defendant commit the alleged crime. To compel this witness to appear in court and provide testimony, the prosecutor needed to issue a subpoena. A Process Server was hired to personally deliver the subpoena to the witness at their workplace. This ensured the witness received official notice of the requirement to testify and the specific date and time they needed to appear, making the subpoena legally binding.
Simple Definition
A process server is an individual professionally responsible for delivering legal documents, such as a summons and complaint, to parties involved in a lawsuit. Their primary role is to ensure that individuals are officially notified of legal actions against them, and in many jurisdictions, they are licensed and regulated.