Service of Process

Service of process is a requirement for filling a notice of summons or a notice of motion. It refers to the process through which the recipient of the summons or notice is made personally aware of the case or of the changes to the case.

There are three primary ways to conduct service of process when filing a petition or notice of motion:

  • through the sheriff's office, which typically charges a $50-$60 USD filing fee

  • through a special process server, with varying fees; and

  • through certified mail

If the recipient or their attorney is not made personally aware of the petition or motion, then service of process has not been conducted, which means a judge may be unable to make any further judgements on the case. This is why an exact address for the recipients place of residence, if they do not have an attorney, is typically required for service of process.