Process Server

Summons ( 18 yrs old can serve with a court order)

Time limit to serve is 120 days. If it can't be served within 120 days after filing of initial pleading directed to that defendant 1. the court on it's own initiative after notice or motion; SHALL direct that service be effected within a specified time. 2. SHALL dismiss the action without prejudice 3. Drop defendant as a party. provided that if the plaintiff shows good cause or excusable neglect for the failure, the court SHALL extend the time for service for an appropriate period.

Misdemeanor: punishable 1 year in jail

Wearing of a 5 star badge or forest green uniform or forest green vehicle. Flashing blue lights Simulate Process Failure to execute process Obstruct, resist without violence Make public personal info of Law Officer

Jurisdiction

When served properly

Further, the provisions of Chp 48, F.S

Which relate to process and the services of process "are cumulative to other provisions of law or rules of court about service of process

Resisting office with violence

Whoever knowingly & willfully resists, obstructs or opposes person legally authorized to execute process with violence = felony 1st degree Without violence = misdemeanor

Felonies: punishable 1 yr & 1 day

Willfully/executing false AFFIDAVIT 3rd degree felony acting like attorney (5 yrs) Resisting officer with violence Falsely impersonating an officer

Personal Service

any where in the county or circuit where the process server is appointed.

Default

failure to perform an act or obligation required by law. 1. Defendant failed to file an answer or 2. Failed to show up

Initial

is defined as "of or relating to the beginning; making the commencement and as that which begins or stands at the beginning.

Initial Non-enforceable civil process

is that initial civil process which is not required by statute to be served by the sheriff

Service of Process-Its purpose

is to notify the defending party that he is being sued, telling them the nature of the litigation and protects due process rights.

Corporation

sets forth the manner of service on a corporation's hierarchy that must be followed in serving process on a corporation. The purpose of the statue's defined hierarchy is to "have the service made upon some one who is held responsible by the corporation and it contemplates that service shall be made, whenever possible, upon the more responsible officers before reporting to service upon one of the inferior officers or agents of the corporation.

Pluries summons

summons made after Alias summons has been officially non-served

Process Server may post a criminal witness Subpoena for Court Appearance:

1. 3 attempts to serve 2. Different times of day/night 3. Different days May post for deposition 1 attempt to serve.

Return of execution of process

1. Dated/time received 2. Date/time served 3. Manner of serve 4. Name of person served 5. Title of Person 6. MUST be signed Sheriff employees may electronic sign Failure to state facts or signature invalidates the service- it's amendable- service will be affective after corrected.

What I need to know about a SUMMONS

1. Every summons is directed to all/singular Sheriff 2. Commands the Sheriff to serve a copy of summons & complaint to name of defendant named in summons. 3. Notifies defendant that a lawsuit was filed & gives opportunity to defend themselves. 4. Tells defendant how to respond: a. file an answer within 20 days b. Appear in court on certain date/time. 5. It protects the defendants due process rights 6. If served properly under the law, summons gives jurisdiction over the person.

If you serve a summons or complaint via court order

1. Have to be competent 2. Disinterested 3. Make proof with Affidavit.

Computing & Extending time

1. If the time period prescribed is 7 days or MORE, INCLUDE Saturday, Sunday & Legal Holidays when you're counting out the time period 2. If the time period prescribed is less than 7 days, EXCLUDE Saturday, Sunday, & Legal Holidays. 3. No matter what the time period is the LAST DAY can never fall on a Saturday, Sunday or Legal Holiday 4. EXCLUDE the event that triggers the time period (Judge orders it-the day after)

Defendant can file motion if there was:

1. Insufficiency of Process 2. Insufficiency of service of process.

Why care about LEGAL HOLIDAYS

1. Legal Holidays affect computation of time 2. Legal Holidays affect the times when a Corporation must be in their office for service. 3. You can serve on Legal Holidays, just not Easter Sunday (can't serve on Sundays!)

Caption (on top of Subpoena)

1. Name of parties 2. Name of Court 3. File # 4. Designation identifying the party SAME for civil and criminal.

Substitute Service on Spouse

1. Not adversary proceeding 2. Spouse requests 3. Spouse lives in same dwelling

service on Public Agency (Municipal Corporation)

1. President 2. Mayor 3. Chair 4. Head of...V. President, Vice Manager....

An employer

1. SHALL provide area for service 2. Failure to do so equals a fine $1,000 3. Non criminal violation

Substitute Service on Sole Proprietorship

1. Two attempts on owner 2. At place of business 3. During regular hours 4. Serve person in charge

Substitute Service

1. Usual place abode 2. With the person who resides 3. 15 yrs or older 4. inform the person of contents

LLC-Foreign

1. serve registered agent 2. If no registered agent, serve any member or manager.

Federal Subpoena

18 yrs old Competent Disinterested Affidavit (MUST BE DELIVERED TO NAMED PERSON AND PERSONALLY SERVED)

Federal Summons

18 yrs old Competent Disinterested Affidavit Court Order

Serve Tentant

2 Attempts 6 hours in between Post

Service on incmpetent

2 copies to the person who cares for them 1. Administrator or 2 Legal guardian

Alias summons

2nd summons issued after the initial summons was non-served officically

State of Florida has:

67 Counties 67 Sheriffs 20 Judicial Circuits 20 State Attorneys 20 Chief Judges 5 District Court of Appeals 3 Federal District Courts

Petition

A formal application in writing made to a court asking for some specific judicial action. Ex. dissolution of marriage.

Statute

A law enacted by Florida Legislature and expressed in a formal document.

Automatic Stay

A stop to judicial actions against debtor *Issuance or service employment of process Exceptions: 1. Criminal 2. Alimony and Child Support 3. Paternity

Subpoena Duces Tecum

A writ commanding a designated person to appear and bring some records or documents described in the writ under a penalty for failure to comply. Production of documents and things without deposition.

Chief Justices

Appoint Certified Process Servers: Can serve in that Circuit.

Sheriffs

Appoint Special Process Servers: only serve summons in their county.

Witness Subpoenas, Criminal /Civil

Can be made either personal serve or substitute

Immunity from Service

Can't serve in civil actions arising out of the same facts

US Mail:

Civil traffic Criminal traffic Misdemeanor 2nd/3rd degree felony MUST be certified mail to hold in contempt.

Witness compenstation

Civil/Criminal $5 and 6 cents a mile. If no fee given they don't have to show Out of county or state get same as state employee.

Summons

Clerk or judge can issue.

When action commenced

Complaint or petition is filed.

Public Records

Confidential for Law officers, Probation Officers and their spouses. Can't include address, phone#, place of employment.

Location of Deposition

Depositions of witnesses residing in the county in which the trial is to take place.

Failure to attend or to Serve:

Fail to serve the attorney can be made to pay expenses to the opposing attorney.

Federal Rules

Federal Summons: Follow FLORIDA STATE 1. Personal Serve 2. Substitute Service at living dwelling (must be 15 yrs old, resident of dwelling.)

Circuit Courts

Felonies Family Law Matters Civil cases OVER 15K Probate/Guardianship/mental health Juvenile Dependency & Delinquency Appeals from County Jail

False Return

For every false return, the Sheriff SHALL forfeit & pay $500 one 1/2 to the party aggrieved.

Original Process

Gives notice to the party to whom it is addressed that a proceeding has been filed against him or her. It is the means by which he or she is afforded the opportunity to defend the suit. Original process vests jurisdiction in the court hearing the controversy.

Serve outside of US

Hague Convention

Falsifying records

If any person SHALL falsify or avoid any record, process any paper filed in any judicial proceeding in any court of this state; SHALL forge, deface, or falsify any document or instrument recorded, or filed in any court, SHALL be guilty of a misdemeanor of the 1st degree.

Exemption from arrest & Service of Process

If person comes voluntarily or ordered to attend or testify in this state-can't be served for civil or criminal or passing through state.

Civil Subpoenas

Issued by clerk of court or attorney Every Subpoenas 1. Name of court 2. Title of Action 3. Who is to attend-give testimony

Subpoena

Issued by clerk or attorney of record. Writ commanding a designated person upon whom it has been served to appear at a trial or hearing under a penalty (as a charge of contempt) for failure to comply.

Civil Subpoena (pg 24)

May be served by: 1. Deputy 2. Certified of Process Server 3. Special Process Server 4. 18 yrs or older 5. Disinterested 6. Competent 7. SHALL make proof by AFFIDAVIT of service (notarized)

Process has been determined to be:

Means by which the court compels defendants to appear in court in civil & criminal cases. The term is interchangeable with the term "WRIT" and includes warrants of arrest, writs of attachment, garnishment, & execution and other forms of original, mesne & final process by which a party or his property is brought before the court & subjected to its jurisdiction.

County Courts

Misdemeanors Small Claims MORE THAN 5K Civil up to including 15K Traffic

Service on the State

On State Attorney or Assistant State Attorney in all Judicial Circuit where filed. State has 40 days to file answer.

Service on dissolved Corporation

Process against the directors of any corporation which was dissolved before July 1, 1990 Serve on Directors

Insurance Companies

Provisions for corporations does not apply. You serve Chief Financial Officer of State of Florida in Tallahassee

A return of service that is "regular on its face" is presumed to be valid absent clear and convincing evidence presented to the contrary

Quash of Process service

LLC- Limited Liability Company

SHALL have 1. registered office 2. registered agent They SHALL have designated hours 10-12 on a business day. Except Sat, Sun or Legal Holidays If registered agent not in...any employee

Domestic Partnership/Foreign Partnership

Serve any general partner or any agent

Service on Partnership

Serve during regular business hours Serve on = all partners *Partnerships may designate any employee to accept. *After 1 attempt on partner - serve the person in charge.

Service on a Minor

Serve parent or guardian, unless minor is married.

Service on Corporation

Serve: 1. President, VPres, Chief, Treasurer 2. Secretary or General manager 3. Director 4. Officer or Business Agent

Criminal Witness Subpoenas

Service may be made on liaison/designated employee for law enforcement officer, Federal/State municipal employees if: 1. Designated Employee/Liaison 2. Liaison is not required to accept ( not employed, not scheduled to work, at least 5 days prior to hearing.)

Powers, Duties & Obligations

Sheriffs in their respective counties *Execute such other writs processes, warrants, & other papers directed to them, as may come to their hands.

When Sheriff may accept service

Sheriffs when served in their official capacity, may accept service.

Service Process must be:

Strictly construed

Process - how directed

Summons, Subpoenas 7 other process in civil actions run throughout the state. All process except Subpoenas SHALL be directed to all & singular the sheriffs of the state. (valid & enforceable)

Issuance of process

The judge can issue it, even if there is a clerk, since he can perform any of the clerk's judicially derived functions.

Usual place of abode

The place where defending party actually lives and if not at the residence at time of serve process as Substitute Serve can occur.

Service Foreign Process

The service of process issued by a court of a state other than Florida may be made by the sheriff's of this state.

One form of action

There SHALL be one form of action to be known as civil action

Florida Rules of Criminal Procedure

These rules SHALL govern the procedure in all criminal proceedings in STATE Courts.

Scope & title of rules

These rules apply to all actions of a civil nature

Process

A. Summons Issuance: Upon the commencement of the action. Summons or other process authorized by law SHALL be issued forth with by the clerk or judge. B. Service of process may be made by an officer authorized by law to serve process. C. Service numerous defendants: Clerk or Judge SHALL issue as many summons against the several defendants. D. Service of Publication aka Constructive Service of Process: by filing notice of lawsuit in a newspaper only after affidavit of diligent search has been executed, filed, and approved by courts. E. Copies of Initial Pleading for persons served: the date & hour SHALL be endorsed on the original process & all copies of it by the person making the service. Must have: date/time/initials/ID # & Proof of Service. F. Service of Orders: If personal service of a court order is to be made, the original order SHALL be filed with the clerk, who SHALL certify or verify a copy of it without charge. The person making service SHALL use the certified copy instead of the original order in the same manner as original process in making service.

Deposition upon Oral Examination

After commencement of the action any party may take the testimony of any person.

Process: by whom served (Special Process Servers)

All process SHALL be served by sheriff of the county where the person to be served is found, except initial non enforceable civil process, criminal witness subpoenas, summons.

For Production of Documentary Evidence (Subpoena Duces Tecum)

may also command the person to produce books, documents, or things, but the court on motion may promptly QUASH of modify the subpoena if it's unreasonable or oppressive.