CIVIL RULES GUIDE

1 CIVIL RULES GUIDE For all 50 United States and the District of Columbia prepared by the National Association of Professional Process Servers A worldwide organization founded on the principles of professionalism and high ethical standards NAPPS Administrative Office (800) 477-8211 Fax (503) 222-3950 Box 4547, Portland, OR 97205 Published February 2017 RULES of CIVIL Procedure Disclaimer The CIVIL RULES governing the service of process appears in this publication for each state. These CIVIL RULES were compiled and edited by Gary A. Crowe, NAPPS Administrator, and represent his best effort to extract from the CIVIL RULES and statutes the relevant laws for serving process both within and without the individual states.

2 The material published herein is only a GUIDE and the editor s comments are not intended as legal advice. Limited space has caused some RULES to be materially abbreviated or, in some instances, omitted entirely. The complete text of all RULES and statutes may be found in your local law library or on the Internet. Consult an attorney if a legal opinion is required. Gary A. Crowe PO Box 4547 Portland, Oregon 97208 (800) 477-8211 Fax: 503-222-3950 E-mail: Web site: Copyright 2017 National Association of Professional Process Servers All rights reserved. No part of this publication may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the publisher, except in the case of brief quotations embodied in critical reviews and certain other noncommercial uses permitted by copyright law.

3 For permission requests, write to the publisher at the address above. Prepared by the National Association of Professional Process Servers TABLE OF CONTENTS Alabama 1 Alaska 2 Arizona 3 Arkansas 5 California 6 Colorado 8 Connecticut 9 Delaware 10 District of Columbia 11 Florida 12 Georgia 15 Hawaii 16 Idaho 17 Illinois 18 Indiana 20 Iowa 21 Kansas 23 Kentucky 25 Louisiana 26 Maine 27 Maryland 28 Massachusetts 30 Michigan 31 Minnesota 33 Mississippi 34 Missouri 35 Montana 37 Nebraska 39 nevada 40 New Hampshire 41 New Jersey 42 New Mexico 43 New York 44 North Carolina 46 North Dakota 47 Ohio 48 Oklahoma 49 Oregon 50 Pennsylvania 53 Rhode Island 54 South Carolina 55 South Dakota 56 Tennessee 57 Texas 59 Utah 61 Vermont 62 Virginia 63 Washington 64

4 West Virginia 66 Wisconsin 67 Wyoming 68 Prepared by the National Association of Professional Process Servers Prepared by the National Association of Professional Process Servers 1 ALABAMA RULES OF CIVIL PROCEDURE Rule 4. Process (c) Upon whom process served. Service of process, except service by be made as follows: (1) Individual..by serving the individual or by leaving a copy of the summons and the complaint at the individual s dwelling house usual place of abode with some person of suitable age and discretion then residing therein or by delivering a copy ..to an agent authorized by appointment or by law to receive service of process. (2) (3) Incompetent not (4) Incompetent (5) Incarcerated (6) Corporation.

5 Upon a corporation either domestic or foreign by serving the agent authorized by appointment or by law to receive service of process or by serving the corporation by certified mail at any of its usual places of business or by serving an officer or an agent of the corporation; (7) serving a partner, limited partner, manager or member; (8) Unincorporated organization by serving an officer or agent of such organization or an officer or agent of any Rule Methods of in-state service. (a) Methods of service. All service of process within this state shall be made as provided in this rule except when service by publication is available pursuant to Rule Service within this state under this rule shall include delivery by a process server and service by certified otherwise requested or permitted by these RULES , service of process within this state shall be made by delivery by a process server.

6 (b) Delivery by a process server. (1) By sheriff or constable.. (2) By designated person. As an alternative to delivery by the sheriff, process .. may be delivered by the clerk to any person not less than 18 years of age, who is not a party and who has been designated by order of the court to make service of process. (3) Return. When the copy of the process has been delivered, the person serving process shall endorse that fact on the process and return it to the The return .. shall be prima facie evidence that process has been served. (4) Failure of service. When .. process is unable to [be served] within 30 days, [the process server] shall endorse that fact and the reason therefor on the process and return.

7 To the Failure to make service within the 30-day period and failure to make proof of service do not affect the validity of service. (c) Service by certified mail (restricted delivery).. Rule (b) Methods of out-of-state service.. (1) Certified mail.. (2) Delivery by a process server..Service herein may be made by any person not less than 18 years of age who is not a party and who has been designated by order of the court. On request, the clerk shall deliver the summons to the ..plaintiff s attorney for transmission to the person who will make the service. Proof of service may be made as prescribed by Rule (b)(3) or by order of the court. Rule (b) Methods of service in a foreign country.

8 (1) Certified mail or its equivalent. (2) Delivery by a process server .. in the manner prescribed by Rule (b) (2) provided that either the court in which the action is pending or a foreign court may designate the person to make service of process. (3) Letter Rogatory .. (4) Pursuant to law of foreign country.. (5) By order of court. (6) Committee comments to October 1, 1995, Amendment to Rule The procedure for service in a foreign country set forth in this rule cannot be followed if it would conflict with the provisions of a treaty between the foreign country and the United States of America. For example, where mail service of process was rejected as a means of service in Germany pursuant to the Hague Convention, the provisions for such service contained in Rule were overridden.

9 See Rivers v. Stihl, 434 So. 2d 766 (Ala. 1983). Rule (b) has been amended to acknowledge the prospect for service in a manner inconsistent with Rule where a treaty so requires. ALABAMA State Capital: Montgomery Population: million 67 counties Prepared by the National Association of Professional Process Servers 2 ALASKA RULES OF COURT (excerpts) Rule 4 (c) Methods of Service. (1) Service of all process shall be made by a peace officer, by a person specially appointed by the Commissioner of Public Safety for that purpose or, where a rule so provides, by registered or certified mail. (2) A subpoena may be served as provided in Rule 45 without special appointment.

10 Rule 4 (d) Summons - Personal Service. (1) Individuals..by delivering a copy of the summons and of the complaint to the individual personally, or by leaving copies thereof at the individual s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or by delivering a copy of the summons and of the complaint to an agent authorized by appointment or by law to receive service of process. (4) Corporations.. by delivering .. to an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process. (12) Personal Service Outside State. Upon a party outside the state in the same manner as if service were made within the state, except that service shall be made by a sheriff, constable, bailiff, peace officer or other officer having like authority in the jurisdiction where service is made, or by a person specifically appointed by the court to make Rule 4 (f) Return.