In law enforcement jargon, a suspect is a known person accused or suspected of committing a crime . Police and reporters in the United States often use the word suspect as a jargon when referring to the perpetrator of the offense ( perp in dated U.S. slang). However, in official definition, the perpetrator is the robber, assailant, counterfeiter , etc.—the person who committed the crime. The distinction between suspect and perpetrator recognizes that the suspect is not known to have committed the offense, while the perpetrator—who may not yet have been suspected of the crime, and is thus not necessarily a suspect—is the one who did. The suspect may be a different person from the perpetrator, or there may have been no actual crime, which would mean there is no perpetrator.
70-397: A common error in police reports is a witness description of the suspect (as a witness generally describes a perpetrator, while a mug shot is of a suspect). Frequently it is stated that police are looking for the suspect, when there is no suspect; the police could be looking for a suspect, but they are surely looking for the perpetrator, and very often it is impossible to tell from such
140-415: A newspaper . When an individual party to be served is unavailable for personal service, many jurisdictions allow for substituted service . Substituted service allows the process server to leave service documents with another responsible individual, called a person of suitable age and discretion , such as a cohabiting adult or a teenager. Under the U.S. Federal Rules, substituted service may only be made at
210-420: A private property for a reasonable period of time to attempt service of process. In California, gated communities which are "...staffed by a security guard , or where access is controlled, must allow a Registered Process Server to enter for service of process upon presenting valid identification, and indicating to which address the process server is going." This does not prevent the security guard from contacting
280-423: A prosecutor issuing an information , a grand jury issuing a true bill or indictment , or a judge issuing an arrest warrant , the suspect can then be properly called a defendant , or the accused. Only after being convicted is the suspect properly called the perpetrator. Suspect Suspicious and Suspect. Complaint In legal terminology, a complaint is any formal legal document that sets out
350-424: A return of service or proof of service or affidavit of service with the court (or convey one to the plaintiff to file with the court). The return of service indicates the time and place at which service was effected, the person served, and any additional information needed to establish that service was properly made. It is signed by the process server, and operates as prima facie evidence that service of process
420-474: A Wisconsin court process to be served upon a person in Florida. Wisconsin statutes would dictate the service requirements to the Florida participant. Simply, a person must be uninterested, a resident of Florida, and over the age of 18. This is not a popular position as many process servers who have a local Florida license prefer, for reasons of economics, to be considered the only legitimate process server for such
490-399: A business entity. Some states, e.g. Florida, do not require that the documents actually be handed to the individual. In California and most other states, the documents must be visible to the person being served, i.e., not in a sealed envelope. If the individual refuses to accept service, flees, closes the door, etc., and the individual has been positively identified as the person to be served,
560-578: A cause. This Wisconsin example is in the majority for all states in the US regarding out of state service in their jurisdiction. There are however a small number of states, such as Arizona, that permit a person of one state (e.g. Arizona) to serve another person in another state (e.g. Florida). The aforementioned Arizona rule is an exception to the majority of other states that require a process server to be 18 and over and an uninvolved party to serve its process in another state. Arizona law has never been challenged on
630-440: A central authority for service of process and requests go directly there. In addition, many states allow some type of service directly by mail or personal service by a person otherwise authorized to service process without involvement of local courts. In some instances, delivery to an agent for acceptance of service or " registered agent " can substitute for personal service on the principal party to be served. The registered agent
700-471: A civil action is commenced with the filing or service of a pleading called a complaint. Civil court rules in states that have incorporated the Federal Rules of Civil Procedure use the same term for the same pleading. In Civil Law, a "complaint" is the first formal action taken to officially begin a lawsuit. This written document contains the allegations against the defense, the specific laws violated,
770-461: A complaint can result in a default judgment in favor of the petitioner. For example, in United States federal courts , any person who is at least 18 years old and not a party may serve a summons and complaint in a civil case. The defendant must submit an answer within 21 days after being served with the summons and complaint, or request a waiver , according to FRCP Rule 12. After
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#1732802381206840-608: A court order), Texas, Virginia, or West Virginia. It can also not be performed on election days or at a place of religious service on Sunday in Michigan, or on holidays in Minnesota. Finally, in New York, process cannot be served on Saturday upon a person who keeps Saturday as holy time. In 2011, New York's City Council enacted a regulation requiring process servers to use GPS to prove that they attempted to locate someone. The data
910-507: A defendant who resides in a country outside the jurisdiction of a court must comply with special procedures prescribed under the Hague Service Convention if the recipient's country is a signatory. Service on defendants in many South American countries and some other countries is effected through the letter rogatory process. Where a defendant's whereabouts are unknown, a court may permit service by publication, usually in
980-513: A difficulty for process servers; however, most are required to allow process servers to enter them. However, this fact may be overcome where the process server is in the direct employment of a law enforcement agency, such as the U.S. Marshals Service, a county sheriff's department, or other law enforcement agency having responsibility to serve documents. In California , "Registered Process Servers" are granted "...a limited exemption against trespassing in gated communities." This allows servers to enter
1050-488: A limited exemption or affirmative defense against trespassing: The actor was attempting to serve legal process which includes any document required or allowed to be served upon persons or property, by any statute, rule, ordinance, regulation, or court order, excluding delivery by the mails of the United States. This defense applies only if the actor did not enter into a private residence or other building not open to
1120-440: A party to a case while that person is on the reservation unless the tribal council consents to permit service. In nearly every state of the United States , process servers are restricted from trespassing on property as a means of serving process. Such invasions, no matter how innocuous, are regarded as not only invalid, but illegal and may result in penalties for offenders. Gated communities and apartment buildings have created
1190-475: A party to the litigation. Most jurisdictions require or permit process to be served by a court official, such as a sheriff , marshal , constable , or bailiff . There may be licensing requirements for private process servers, as is the case in New York City, Alaska, Arizona, California, Georgia, Illinois, Montana, Nevada, and Oklahoma. Arizona process servers are required to apply for certification with
1260-414: A police report whether there is a suspect or not. Possibly because of the misuse of "suspect" to mean "perpetrator", police in the late 20th and early 21st century began to use person of interest , possible suspect , and even possible person of interest , to mean suspect. Under the judicial systems of the U.S., once a decision is approved to arrest a suspect, or bind him over for trial , either by
1330-509: A required training course which must be completed prior to certification. An example of such a license would be in Rhode Island , where an applicant must complete 90 days of training with a constable that has 'full powers'. Once the 90 days of training is complete, a test is given at the local courthouse from the laws included in the constable manual. Once an applicant passed the written exam, one will be scheduled for an oral interview with
1400-434: A set of court documents (called " process ") to the person to be served. Each jurisdiction has rules regarding the appropriate service of process. Typically, a summons and other related documents must be served upon the defendant personally, or in some cases upon another person of suitable age and discretion at the person's residence or place of business or employment. In some cases, service of process may be effected through
1470-538: A sheriff's deputy in most cases (except in Philadelphia , where process may be served "by any competent adult"); and in New Jersey , process is effected if, after making an affidavit that diligent efforts to effect personal service had failed, the party sends two copies of the pleading by mail—one by regular mail and one by certified mail, return receipt requested—and either the certified mail receipt
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#17328023812061540-412: Is required in divorce and similar matrimonial law actions, absent court permission. Specific practice is that: The defendant must be personally served with the divorce papers, unless the court grants some other means of service. Note that there are special requirements for service of process in a divorce action. See CPLR 308 and DRL 232. The service of federal civil process in the United States
1610-465: Is a person or company authorized in advance to accept service on behalf of the served party. For example, most corporations are required by local law to maintain a local agent of record for acceptance of service in each jurisdiction where they actively conduct business with the public. The identity of the agent for service can usually be ascertained by searching company filings with appropriate state corporate records or business registration agencies (often
1680-493: Is generally performed by the court. This may be done in person by a bailiff , or by mail, depending on the jurisdiction. International service of foreign judicial and extrajudicial documents is governed in general by the 1965 Hague Service Convention . Prior to the enactment of the Hague Service Convention, service of process in civil cases was generally effected by a letter rogatory , a formal request from
1750-443: Is governed by Federal Rules of Civil Procedure, Rule 4. Any person who is at least 18 years of age and is not a party to the case may serve a federal civil summons and complaint. This general rule also applies to the service of federal subpoenas under Federal Rules of Civil Procedure, Rule 45. In civil law jurisdictions, which include all of Continental Europe and most Asian, African, and South American countries, service of process
1820-657: Is managed by the Administrative Office of the United States Courts ; it allows lawyers and self-represented clients to obtain documents entered in the case much faster than regular mail. In addition to Federal Rules of Civil Procedure , many of the U.S. district courts have developed their own requirements included in Local Rules for filing with the Court. Local Rules can set up a limit on
1890-472: Is not available if the country of destination has filed objections to service by mail pursuant to the multinational Hague Service Convention . In California , "Any person providing the [ California Department of Motor Vehicles ] with a mailing address shall consent to receive service of process". As a substitute for personal service by a process server, some jurisdictions may allow voluntary acceptance of service, also called waiver of service . It means that
1960-442: Is returned signed or the certified mail envelope is returned unclaimed and the regular mail is not returned to the sender. Generally, there are specific procedures and rules for most courts, from local small claims courts to United States District courts. Each court has specific rules, forms, guidelines and procedures which must be followed in order to successfully effect service of process. Failure to follow these guidelines may deem
2030-417: Is service of process directly to a party named on the summons , complaint , or petition. In most lawsuits in the United States, personal service is required to prove service. Most states allow substituted service in almost all lawsuits unless a corporation, LLC, LLP, or other business entity is being served; in those cases, personal service must be achieved by serving the documents to the registered agent of
2100-512: Is the biggest database of full text state and federal courts decisions that can be accessed without charge. These web search engines often allow one to select specific state courts to search. Federal courts created the Public Access to Court Electronic Records (PACER) system to obtain case and docket information from the United States district courts , United States courts of appeals , and United States bankruptcy courts . The system
2170-444: Is universal that the laws of service of process must follow the laws that apply to the court that issues the process. A bias or confusion occurs in many jurisdictions where service is made. In Florida, for example, process servers seem to suggest Florida laws apply to all service of process made within the territory of Florida. In this reference, section 48.195 implies an authority of Florida process servers to serve foreign process. This
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2240-704: The United States district courts is governed by Rule 4 of the Federal Rules of Civil Procedure . In England and Wales , the rules governing service of documents are contained within Part 6 of the Civil Procedure Rules 1998 (as well as the Practice Directions). In Canada the rules vary from province to province and can be governed differently depending on what the type of case (i.e. family, small claims, criminal, etc.). Service on
2310-436: The abode or dwelling of the defendant . California, New York , Illinois, and many other United States jurisdictions require that in addition to substituted service, the documents be mailed to the recipient. Substituted service often requires a serving party show that ordinary service is impracticable, that due diligence has been made to attempt to make personal service by delivery, and that substituted service will reach
2380-422: The web for most common complaints for lawyers and self-representing litigants; if a petitioner cannot find an appropriate form in their state, they often can modify a form from another state to fit his or her request. Several United States federal courts publish general guidelines for the petitioners and Civil Rights complaint forms. A complaint generally has the following structural elements: After
2450-402: The U.S. legal system, service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court , or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding in a court, body, or other tribunal. Notice is furnished by delivering
2520-490: The attempted service improper. Indeed, many defendants in court hearings use the affirmative defense of "I was not served" as an often successful line of defense in any lawsuit. Not surprisingly, this defense tends to be effective in many cases because service of process upon defendant did not follow legal procedure. As for United States federal courts, service of process rules are in the Federal Rules of Civil Procedure , upon which most state service of process laws are based. It
2590-481: The business entity division of a state's secretary of state . Generally, these business registration records are searchable by the public on the secretary of state's website. In the UK an agent for acceptance of service is generally known as a process agent and is a contractual relationship rather than a statutory one. Once service of process has been effected, the responsible officer or process server must typically file
2660-414: The case and the lawyers representing the parties . This allows the judge to make determinations about which deadlines to set for different phases of the case, as it moves through the court system. There are also freely accessible web search engines to assist parties in finding court decisions that can be cited in the complaint as an example or analogy to resolve similar questions of law. Google Scholar
2730-472: The case was voluntarily dismissed. In the case of Fox v. Vice , the U.S. Supreme Court held that reasonable attorneys' fees could be awarded to the defendant under 42 U.S.C. Sec. 1988, but only for costs that the defendant would not have incurred "but for the frivolous claims." Even when there is no actual trial or judgment, if there is only pre-trial motion practice such as motions to dismiss, attorney fee shifting still can be awarded under FRCP Rule 11 when
2800-471: The civil complaint has been served to the defendants, the plaintiff must, as soon as practicable initiate a conference between the parties to plan for the rest of the discovery process and then the parties should submit a proposed discovery plan to the judge within 14 days after the conference. In many U.S. jurisdictions, a complaint submitted to a court must be accompanied by a Case Information Statement , which sets forth specific key information about
2870-721: The clerk of the Superior Court in the county in which they reside. Non-resident applicants may apply in any county. Texas process servers are currently certified by order of the Texas Supreme Court and are regulated through the Process Server Review Board, consisting of members of the industry authorized by the supreme court. Other jurisdictions require a court order allowing a private person to serve process. Many private investigators perform process serving duties. Texas and Florida also have
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2940-484: The complaint has been filed with the court, it has to be properly served to the opposite parties, but usually petitioners are not allowed to serve the complaint personally. The court also can issue a summons – an official summary document which the plaintiff needs to have served together with the complaint. The defendants have limited time to respond, depending on the State or Federal rules. A defendant's failure to answer
3010-545: The court in the country where proceedings were initiated or underway to a court in another country where the defendant resided. This procedure generally required the use of consular and diplomatic channels as the request had to be made to the foreign minister (the Secretary of State in the United States) of the defendant's country by the foreign minister of the originating court. Since 1965, member states designate
3080-408: The court's permission to file some exhibits completely under seal . A minor 's name of the petitions should be replaced with initials . A person making a redacted filing can file an unredacted copy under seal, or the Court can choose to order later that an additional filing be made under seal without redaction. Copies of both redacted and unredacted documents filed with court should be provided to
3150-472: The delivery or serving of documents on Sundays, holidays or election days ( dies non juridicum ). However, some states will allow the service of documents under special circumstances. One such circumstance is when the service of process is pursuant to a court order. According to various laws, service of process cannot be performed on Sundays in Florida (unless with a court order), Maine, Massachusetts, New York, Rhode Island, South Dakota, Tennessee (unless with
3220-408: The disciplinary board. If they find the applicant to be competent, they will pass a recommendation to the chief judge who will then swear in one with 'limited power'. These constables can only serve within the county they are appointed. After one year, a limited power constable can apply for his/her full powers to arrest , evict , and be able to serve statewide. In New York State , personal process
3290-501: The documents by certified mail . Courts in at least two Canadian provincial jurisdictions have allowed for substituted service via Facebook . In 2018, the Ontario Superior Court of Justice allowed service via Instagram and LinkedIn 's built-in messaging systems. Service by mail is permitted by most U.S. jurisdictions for service on defendants located in other U.S. states or foreign countries. Service by mail
3360-410: The documents may be "drop served" (placed as close to the individual as possible); this is considered a valid service. In the US, personal service of process has been the hallmark for initiating litigation for nearly 100 years, primarily because it guarantees actual notice to the defendant of a legal action. In most states a person that serves the process simply must be 18 years of age or older and not
3430-454: The facts and legal reasons (see: cause of action ) that the filing party or parties (the plaintiff (s)) believes are sufficient to support a claim against the party or parties against whom the claim is brought (the defendant (s)) that entitles the plaintiff(s) to a remedy (either money damages or injunctive relief ). For example, the Federal Rules of Civil Procedure (FRCP) that govern civil litigation in United States courts provide that
3500-418: The facts that led to the dispute, and any demands made by the plaintiff to restore justice. In some jurisdictions, specific types of criminal cases may also be commenced by the filing of a complaint, also sometimes called a criminal complaint or felony complaint . Most criminal cases are prosecuted in the name of the governmental authority that promulgates criminal statutes and enforces the police power of
3570-406: The filings made with the court and accompanying exhibits, (exhibits normally do not need to be attached to the original complaint, but should be presented to Court after the discovery ). The redacted text can be erased with black-out or white-out, and the page should have an indication that it was redacted - most often by stamping word "redacted" on the bottom. Alternately, the filing party may ask
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#17328023812063640-442: The follow: (1) a badge [applies to sheriffs and marshals] (2) evidence of current registration as a process server... (b)This section shall only apply to a gated community which is staffed, at the time service of process is attempted, by a guard or other ... personnel assigned to control access .. .it does not apply to a private residence that has posted no trespassing signs' In Washington , "Registered Process Servers" are granted
3710-436: The grounds of sovereignty as Arizona's statutes appear to give its courts legislative and judicial authority for its people to serve a person in a foreign state. In states where Indian reservations are located, the state generally has no legal jurisdiction over Indian territory – recognized tribes enjoy legal status as a sovereign nation. Thus a process server certified under the authority of the state (i.e. Arizona) cannot serve
3780-430: The inability to find the defendant after "due diligence". Service by publication is commonly used in a divorce action to serve a spouse who has disappeared without leaving a forwarding address. Service by publication usually involves placing the petition for divorce and the summons to a missing spouse in a local newspaper. In divorce cases, most states that permit service by publication will require due diligence to locate
3850-432: The mail as in some small claims court procedures. In exceptional cases, other forms of service may be authorized by procedural rules or court order, including service by publication when an individual cannot be located in a particular jurisdiction. Proper service of process initially establishes personal jurisdiction of the court over the person served. If the defendant ignores further pleadings or fails to participate in
3920-463: The missing spouse, which can include verifying with the post office that there is no forwarding address; contacting in writing all friends, relatives, and former employers of a spouse who may know the spouse's current address; checking all jails and prisons for any record of a spouse; and checking military records for a spouse. In addition, in some jurisdictions, substituted service may be effected through motion and public notice , followed by sending
3990-413: The number of pages, establish deadlines for motions and responses, explain whether it is acceptable to combine a motion petition with a response, specify if a judge needs an additional copy of the documents (called "judge's copy"), etc. Local Rules can define page layout elements like: margins , text font/size , distance between lines, mandatory footer text, page numbering , and provide directions on how
4060-565: The opposing party files a Motion for Sanctions and the court issue an order identifying the sanctioned conduct and the basis for the sanction. The losing party has a right to appeal any order for sanctions in the higher court. In the state courts, each party is generally responsible only for its own attorney fees, with certain exceptions. In 1883, the Rules of the Supreme Court replaced the term complaint with statement of claim . This
4130-399: The other parties in the case . Some courts also require that an additional electronic courtesy copy be emailed to the other parties. Before filing the complaint, it is important for plaintiff(s) to remember that Federal courts can impose liability for the prevailing party's attorney fees to the losing party, if the judge considers the case frivolous or for purposes of harassment, even when
4200-545: The pages need to be bound together – i.e. acceptable fasteners , number and location of fastening holes , etc. If the filed motion does not comply with the Local Rules then the judge can choose to strike the motion completely, or order the party to re-file its motion, or grant a special exception to the Local Rules. According to Federal Rules of Civil Procedure (FRCP) 5.2 , sensitive text like Social Security number , Taxpayer Identification Number , birthday , bank accounts and children 's names, should be redacted from
4270-412: The party and effect notice. Another method of substituted service is "service by publication" also called "constructive service" in some jurisdictions. Service by publication is used to give " constructive notice " to a defendant who is intentionally absent, in hiding, or unknown (such as a possible descendant of a former landowner), and only when allowed by a judge's order based on a sworn declaration of
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#17328023812064340-414: The proceedings, then the court or administrative body may find the defendant in default and award relief to the claimant, petitioner or plaintiff. The defendant may contest the default in the defendant's home state. Service of process must be distinguished from service of subsequent documents (such as pleadings and motion papers) between the parties to the litigation. Service of process in cases filed in
4410-465: The public and the entry onto the premises was reasonable and necessary for service of the legal process. Most states have a deadline for completing service of process after filing of the summons and complaint . In New York, for example, service must be completed in 120 days after filing for almost all cases, and Hawaii state circuit courts require service in a civil lawsuit must be effected within six months from commencing suit. Some states prohibit
4480-402: The resident and alerting them that a process server is on his way to their residence. (a) Notwithstanding any other provision of law, any person shall be granted access to a gated community ... for the purpose of performing lawful service of process, upon identifying to the guard the person or persons to be served, and upon displaying a current driver's license or other identification, and one of
4550-443: The served party agrees to voluntarily acknowledge receipt of the complaint or petition without the need to engage a process server. Acceptance or waiver of service is encouraged by some court systems, especially U.S. federal courts. Under the Federal Rules of Civil Procedure 4(d)(2), when a defendant refuses to waive service "without good cause", the defendant can be held liable for the cost of personal service. Personal service
4620-603: The state with the goal of seeking criminal sanctions , such as the State (also sometimes called the People) or Crown (in Commonwealth realms ). In the United States, the complaint is often associated with misdemeanor criminal charges presented by the prosecutor without the grand jury process. In most U.S. jurisdictions, the charging instrument presented to and authorized by a grand jury is referred to as an indictment . Virtually every U.S. state has some forms available on
4690-523: The way service of process is effected, the licensing requirements to effect service, the forms to be used and the time deadlines that service of process may be accomplished upon individual respondents and corporations. These differences may be vast. For example, in New York , service of process may require licensing of the process server; in Pennsylvania , process may only be served by the sheriff or
4760-408: Was added to allow sheriffs to serve foreign process within limitations as the section provides, but it does not, and cannot give exclusivity, to state-sanctioned licensed approved process servers to foreign process . This interpretation, however prevalent and beneficial to Florida process servers, is false. Florida governs only those processes that are issued from Florida courts . An example would be
4830-461: Was effectively made. Arizona Court Rules also require that any return or affidavit of service filed by a process server other than a sheriff or constable shall clearly state the county in which the process server is registered. Many Arizona process servers include their certification number on their returns/affidavits. Certification numbers are assigned by the clerk of the superior court in each county. Many states have process serving laws that govern
4900-496: Was then replaced in 1998 with particulars of claim by the Civil Procedure Rules , which also replaced the word plaintiff with claimant as part of a drastic reform of English legal terminology. Thus, in England and Wales, a claimant now initiates a claim by filing a claim form (instead of a writ of summons), and either pleads particulars of claim on the claim form itself or as a separate document. Service of process In
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