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Process server is a person authorized by law or by a court to formally deliver process such as summonses, complaints, subpoenas, writs and other court to a defendant or respondent. The process server usually serves the documents in accordance with the legislation in the area of service. This may mean handing the documents to the defendant personally or sub-serving to someone in the same household or business. Once the documents are delivered, the process server must provide proof that the papers are served. This is done through a document called an Affidavit of Service, also called a Proof of Service, which must be notarized and given to the party who requested service. In some states, the person who performs service of process is required by law to be licensed.
Service of process is necessary for many reasons, but the primary reason is to make sure that the due process of law is upheld in United States. An additional reason process servers are an essential part of civil society is to ensure that legal papers are served in a highly effective and appropriate fashion. If papers are not served properly, the court is not able to rule on a case relating to an individual if they were not legally made aware of it. If service is determined to be improper, the entire case may be thrown out. This makes it even more essential to be aware of the laws of your state pertaining to the correct way to serve a defendant legally.