|
Preamble
Standards and Best Practices are a recitation of some of the essential elements and best methods
the association has determined to advance professionalism in the process serving industry and to
fulfill our obligations as process servers while at the same time protecting the due process
rights of persons affected by our service. Promulgation of these Standards and Best Practices
can and should assist others in the establishment of programs beneficial to the process serving
industry. These Standards and Best Practices can and should also assist others in a review and
meaningful revision of official policies, statutes and rules. These Standards and Best Practices
are promulgated for public awareness and use.
Standards, Best Practices and The Policy Manual
The significant policies and procedures of the association are published in the NAPPS Policy
Manual. The Standards and Best Practices, together with the Code of Ethics, form the basis of
the policies and procedures recited in the Policy Manual. Although applicable only to members of
this association, the Policy Manual is also published for public awareness and use.
Best Practices for Service of Process
- For purposes of these Best Practices, "Primary service" of process refers to the service of initial or other process intended to acquire jurisdiction over a person or property. "Secondary service" of process refers to the service of subsequent papers exchanged between the parties following service of initial process. These Best Practices refer to both Primary and Secondary service of process.
The word or phrase "effected" refers to the date that legal process is delivered, sent or transmitted to a party.
The word or phrase "completed" refers to the date that legal process is legally binding upon a party. This date may be the same as when legal process is personally delivered to a party, or when presumed by law to have been recieved by a party.
- Service of process or other papers for the purpose of acquiring jurisdiction over a person or property should be performed by a disinterested third party.
- The preferred and most effective method of service of process upon a party is in-person delivery of process to the named party.
- When in-person service upon a named party cannot be effected, the next best method of service should be in-person delivery of process to a person authorized by court rule or statute to deliver process to on behalf of the named party. For example, this includes such person as "member of household," "person apparently in charge at a usual place of business," "person of suitable age and discretion," "parent," "guardian," "registered agent" and "statutory agent,".
- When service cannot be effected as described in 3 and 4 above, the next best methods of service is alternate methods authorized by court rule or statute upon a demonstration of the fact that service cannot be effected by the methods in 3 and 4 above. This would include service by mail, posting, publication and electronic means. If service is authorized in a manner other than by in-person delivery, service should not be deemed completed until at least three days after service is effected, unless acknowledged by the recipient.
- When service cannot be effected by any of the methods described above, the Court, upon a showing that service cannot be effected by any of these methods, may order service to be done in a manner reasonably calculated to provide actual notice to the party.
Adopted by the Membership May 21, 2005
Revised by the Board of Directors 8/6/05
Revised by the Board of Directors 7/29/06
Standards for Process Server Courses of Study
Basic Process Server Education
The following are some of the essential topics of study and discussion for a basic course of
study offered to private process servers. Inclusion of these topics in a course of study is
recommended but not required.
1. Principals of general applicability
 Due process of law
Jurisdiction of the courts
Jurisdiction over persons and property
2. Structure of state and federal courts
3. Components of a civil case
4. Nature and purpose of civil process
Initial process
Subpoenas
Other process
5. State and federal court rules/statutes related to service of process
Proper methods of service
Personal service
Alternative methods of service
Time and distance limitations
Required fees
Restrictions, prohibitions and sanctions
6. Licensing, registration or other authorization requirements
7. Affidavits/Proofs of Service
8. Code of Ethics and Professional Conduct
Advanced Process Server Education
The following are some of the essential topics of study and discussion for advanced courses of study offered to private process servers. Inclusion of these topics in a course of study is recommended but not required.
- Service of federal process
- Out-of-state process
- Out-of-state deposition subpoenas
- International service of process
- Forwarding and receiving service assignments
- Affidavits/Proofs of Service required in other states
- Electronic filing and service of process
- Emerging technology in the courts
Adopted by the Membership May 20, 2005
|
