What Is a Special Process Server?
When someone files a lawsuit, the other party must be officially notified through a legal procedure called service of process. In most cases, this is handled by a standard process server or a law enforcement officer. But what happens when the person being served is evasive, hard to locate, or the case is especially critical or time-sensitive? That’s where a special process server comes in.
A special process server is a private individual appointed by a judge to serve legal documents in a specific case. They step in when traditional methods of service aren’t effective or practical, to make sure that important court papers reach the intended recipient in a timely and lawful manner.
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In this article, you’ll learn what a special process server is, how the court appoints them, when you probably need one, and how to choose the right person for the job.
What Is the Role of a Special Process Server?
A special process server is an individual appointed by a court to serve legal documents in a specific legal case. Unlike regular process servers, a special process server is appointed directly by a judge, usually upon a motion filed by a party in the case. This means they’re privately employed and are generally paid by the person requesting their service.
The appointment is generally case-specific and grants temporary authority to that individual to perform service of process for that particular matter. Once appointed, the special process server acts with legal authority and must adhere to applicable rules of civil procedure, just like any other process server.
Special process servers play the same role as professional process servers; to make sure that parties involved in a lawsuit are officially notified of legal actions being taken against them, such as complaints, subpoenas, or summonses.
What Are the Responsibilities of a Special Process Server?
The legal responsibility of a special process server is to deliver important court documents to individuals involved in a legal case. They must make sure the documents are personally handed to the intended recipient.
If the intended recipient is evasive or hard to locate, the process server is obligated to make multiple reasonable attempts to find and serve them. In a case where personal service is not successful or possible, they can use approved alternative methods such as substituted service, service by mail, or e-service. If all these methods fail, the server may request permission from the judge to serve process by publication.
After serving the documents, the special process server must complete a proof of service or affidavit of process service. This is a written statement or formal notice confirming who was served, when, where, and how. It must be signed and filed with the court as official evidence of proper service.
Although they’re appointed for a particular case, special process servers must adhere to all the applicable rules for serving papers in their jurisdiction. They must learn how to serve someone court papers, when to serve the papers, who can accept service of process, and what may invalidate the service.
Special process servers must also act as a neutral third party. This means they cannot have any personal interest in the case and must maintain a professional, non-confrontational attitude during service. Their role is to inform, not intimidate.
Who Can Be a Special Process Server?
Any adult who meets the legal requirements set by the court and jurisdiction where the case is filed can be appointed as a special process server. Unlike standard process servers, who may need to be licensed or registered for general work, a special process server is appointed for a single case and must be approved by a judge. The minimum requirements include the following:
- The server must be 18 years or older.
- They must not be a party to the case.
- The person has to be confirmed mentally sound.
- They must not be under any legal restrictions, such as a felony conviction that would disqualify them in that jurisdiction.
- In some jurisdictions, the court may require the server to live or work in the same county or state where the case is filed.
- Some jurisdictions may request a clean background check, especially for repeated appointments.
- Although not usually required, courts may prefer someone with prior experience serving legal documents, particularly if the service is expected to be complex. In such cases, a professional process server or private investigator can serve the papers.
When Is a Special Process Server Needed?
A special process server is mostly needed in situations where standard methods of serving court documents are not effective or available. When standard service attempts have repeatedly failed, the court may allow a special process server to step in. This helps prevent unnecessary delays and ensures the case can move forward.
For example, if the intended recipient is actively avoiding service by law enforcement officers or standard process servers, the court may appoint a special process server to take a more strategic or discreet approach. In some cases, if the person to be served lives in a remote area or a place not regularly covered by standard process servers, a special process server with local knowledge or easier access may be necessary.
Special process servers may also be appointed in sensitive and confidential cases, such as those involving domestic violence, high-profile individuals, or family law matters. In such cases, the court may prefer someone who can deliver papers quietly and professionally without drawing attention.
Moreover, in time-sensitive cases, such as those involving emergency protective orders or last-minute court hearings, appointing a special process server may be faster than waiting for a sheriff’s office to handle it. And sometimes, an attorney or party in the case may simply request someone they know and trust, such as a private investigator, to serve the documents.
How Courts Appoint Special Process Servers
Courts appoint special process servers through a formal request process. Simply put, a party in a case asks the judge to allow a specific person to serve legal documents. Below is a step-by-step breakdown of the court appointment process:
1. One party files a motion or request with the court for a special process server. In some jurisdictions, they may fill a form, while some courts may require a written motion.
2. The court requires information about the proposed server, such as age, qualifications, and neutrality. It must be clear that the person is not involved in the case and is capable of serving documents properly and lawfully.
3. A judge reviews the motion and determines whether appointing a special process server is appropriate. They consider factors such as previous failed service attempts, urgency, or difficulty in locating the defendant.
4. The court issues a formal order or authorization if it approves the request. The order legally authorizes the named individual to obtain service, and may include specific conditions or limitations.
5. The server files a proof of service with the court to confirm they served the court papers correctly. The proof details how and when they served the papers.
It’s important to note that such appointments apply only to the legal proceeding for which they were requested. It does not authorize the server to serve in any other legal process. Meanwhile, the exact procedure and forms required can vary depending on state and local court rules.
Special Process Server vs Private Process Server
| Category | Special Process Server | Private Process Server |
|---|---|---|
| Appointment Method | Appointed by a judge or court order for a specific case | Hired privately or assigned by the sheriff’s department |
| Qualifications | Must meet basic court requirements (e.g., age, not party to case); may not need a license unless local rules apply | Often licensed or registered depending on the state; may need training or certification |
| Typical Usage Scenarios | Used when traditional service has failed, the defendant is hard to locate, or a party requests a specific individual | Used for routine service of process, including subpoenas, complaints, and summonses |
| Costs Involved | May involve court filing fees and the individual’s personal fees | Standard service fees, can vary by location and urgency |
| Pros | – Custom selection – Useful in difficult or evasive cases – Can be someone familiar with the defendant |
– Experienced and trained – Faster for standard service – No court involvement needed |
| Cons | – Requires court approval – May lack experience – Can cause delays if motion is denied |
– Less flexible in complex or sensitive situations – May be limited in time/availability |
How to Choose the Right Special Process Server
Since the validity of your service of process depends on how well the server does their job, you should learn how to choose the right person. Here, we’ve provided some basic guidelines to help you:
- Go for experience and reliability – Your process server should have a track record of success, with a good reputation to back it up. It’s even better if they’ve handled your type of case before. That’s why we usually recommend using professional process servers like On-Call Legal Process Servers, with proven experience working with attorneys, law firms, and other legal professionals.
- Make sure they qualify – Verify that the person meets the legal requirements in your jurisdiction. You should also check your local regulations to see if there are any additional qualifications, like residency or background checks.
- Confirm that they understand local laws and regulations – Beyond being qualified, make sure the server knows the rules for proper service of process in your jurisdiction. Since many special process servers operate within a particular region, it’s best to work with one who lives within your jurisdiction because they’ll most likely be more familiar with the local rules.
- Check for professionalism – Unethical practices, such as harassment or impersonation of law enforcement, can invalidate the service and provide a legal ground for the defendant to file a motion to dismiss for insufficient service of process. So, confirm that your special process server understands and follows basic ethics for process servers.
- Get recommendations or use reputable sources – Not sure how to find a reliable special process server? Ask a lawyer, court clerk, or legal support service for recommendations. In some cases, courts may have a list of approved individuals. You can also check with local legal directories or state associations that list certified or licensed process servers.
Let Our Trusted Process Servers Deliver Your Documents
Choosing the right special process server can make the difference between a smooth legal process and costly delays or case complications. Whether you’re dealing with a hard-to-reach defendant, urgent timelines, or sensitive legal matters, it’s essential to work with someone who understands the law, follows proper procedure, and delivers documents with professionalism and accuracy.
At On-Call Legal Process Servers, our experienced professionals are ready to help you serve court papers legally, efficiently, and without unnecessary stress. We also provide all-inclusive support services, such as obtaining, preparing, serving, and documenting your court papers quickly and accurately. Let us handle your service of process the right way, with speed, reliability, and court-approved precision. Book a free consultation with us today!
Frequently asked questions:
Can anyone become a special process server?
No, only adults who are not involved in the case and meet court requirements can be appointed. A judge must approve their appointment for a specific case.
How much does a special process server cost?
Hiring a special process server typically costs between $40 – $200 on average, depending on location, urgency, and difficulty. Complex or rush delivery may cost more.
Can documents be served electronically by a special process server?
In most cases, no. Most courts require in-person service unless electronic service is specifically allowed by the judge.
Why would a special process server call me?
If you get a call from a special process server, they’re likely trying to arrange delivery of legal documents for a case. Note that ignoring the call won’t stop the legal process.
What does it mean if you have a special process server?
It means someone has asked the court to appoint a specific person to serve you with legal papers. This often happens when standard service methods haven’t worked.
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