In civil cases, the plaintiff must ensure the defendant receives a copy of the filed document. Service methods vary by jurisdiction, but acceptance of service is an option. Proof of service is required, and dismissal may occur if the court is not satisfied.
When a civil complaint or petition is filed with the court in most jurisdictions, the plaintiff, or the person who filed the complaint or petition, is responsible for assuring the court that the defendant, or defendant, receives a copy of the filed document. The way in which the process service can be performed varies according to the jurisdiction. In many jurisdictions, however, one way to complete service is for the defendant or defendant to accept service. When using the acceptance of service, the respondent must acknowledge that he has received a copy of the complaint or petition without the need for any of the traditional methods used to perfect the service of the trial.
Service of trial is required in civil actions in order to avoid a sentence being pronounced against a defendant without the defendant having served notice of the complaint or application. In most legal systems, a defendant has the right to answer and defend a lawsuit. By requiring the plaintiff to serve the defendant with a copy of the complaint or petition, the court can be sure that the defendant is given an opportunity to defend the allegations contained therein.
There are many different ways in which process service can be perfected. Each jurisdiction decides which methods of service are acceptable within the jurisdiction. Common methods of acceptable ways a defendant may be served include: service by registered or certified mail; service by a civilian sheriff or authorized process server; service rendered by a person over the age of 18 and not a party to the dispute; publication service; and service by acceptance of service by the defendant.
Typically, service for acceptance is only used in cases such as divorce proceedings, as it requires the cooperation of the defendant. In divorce proceedings where the parties remain civil, the plaintiff may offer to serve the defendant by accepting service to avoid the cost and time involved in one of the other methods of service in the process. If you use the acceptance of service, the defendant must agree, as he is required to sign a document acknowledging that he has received a copy of the complaint or request.
Regardless of the method of service used, the judge must receive proof that service has been completed. A signed acknowledgment of receipt, for example, serves as proof when the service is perfected by certified mail. If the civil sheriff, a process server, or other person completes the service of documents, they generally must sign an affidavit stating that the service has been completed. When acceptance of service is used, the defendant must also sign an affidavit acknowledging the service of the documents and waiving the right to be served in any other way. If the court is not satisfied that the service has been completed, it has the option to dismiss the proceedings altogether in most cases.
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