Legal Definitions - return of process

Return of Process

In legal terms, return of process refers to the formal act of reporting to the court that a legal document, such as a summons, complaint, subpoena, or motion, has been officially delivered to the required party. This report, often a written declaration or affidavit, confirms that the legal notice or demand has been properly served according to legal rules. It serves as official notification to the court that the recipient has been duly informed of the legal action or requirement.

Here are a few examples to illustrate:

• Initiating a Lawsuit: Imagine Sarah is suing a construction company for faulty work on her home. Her attorney prepares a summons and a complaint, which are the initial documents that formally start the lawsuit. A professional process server is hired to deliver these documents directly to the construction company's registered agent. Once the process server successfully hands over the documents, they complete a sworn statement detailing who was served, when, and where. When this sworn statement is filed with the court, it constitutes the return of process, officially informing the court that the construction company has been notified of the lawsuit.

• Compelling Witness Testimony: During a criminal trial, the prosecution needs a specific individual to testify about an event they witnessed. To ensure the witness appears, the court issues a subpoena, which is a legal order to appear in court. A law enforcement officer or a private process server delivers this subpoena to the witness. After the subpoena is successfully delivered, the officer or server files a document with the court confirming the date, time, and location of service. This filing is the return of process, assuring the court that the witness has received the official order to testify.

• Serving a Legal Motion: Let's say a defendant's attorney files a motion to dismiss a case, arguing that the lawsuit has no legal basis. Court rules require that the opposing attorney (for the plaintiff) must also receive a copy of this motion. The defendant's attorney sends the motion to the plaintiff's attorney via mail or email. To prove to the court that the plaintiff's attorney received the motion, the defendant's attorney files a "certificate of service" with the court, stating that the motion was sent on a specific date and by what method. This certificate, when filed, acts as the return of process, confirming to the court that all parties have been properly informed of the legal filing.