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Each state has process serving laws, or Rules of Civil
Procedure, that
govern civil procedure in their courts, or more
simply, court procedures for civil suits in their state. The United
States also has their own set of Federal Rules of Civil Procedure, which
most state service of process laws are based on.
Trespassing
In nearly every state, process servers are restricted from trespassing
on property as a means of serving process. Such invasions, no matter how
innocuous, are regarded as not only invalid, but illegal and may result
in penalties for offenders. Gated communities and apartment buildings
have created a curious predicament for process servers, however, most
are required to allow process servers to enter them. |
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Process Servers, California process
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of service, legal process service
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Protected Days
Some states prohibit the delivery or serving of documents on Sundays,
Holidays, and / or Election Days. However, some states will allow the
service of documents under special circumstances. One such
circumstance is when the service of process is pursuant to a court
order.
According to various laws, service of process cannot be performed on
Sundays in Florida, Maine, Massachusetts, Michigan, New York, Rhode
Island, South Dakota, Tennessee (unless with a court order), Texas,
Virginia, or West Virginia. It can also not be performed on election
days in Michigan, or on holidays in Minnesota. Finally, in New York,
process cannot be served on Saturday upon a person who keeps Saturday
as holy time. |
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