When serving process in the state of Colorado, process servers have a specific number of days to complete their service. This article will explore what that timeframe is, as well as some possible consequences for not completing service within that time limit.
What is Service of Process?
Service of process is the process of providing a defendant with notice of a pending legal action against them. This allows the defendant an opportunity to defend themselves in court. In order for the service of process to be valid, the summons and complaint must be delivered to the defendant in a way that meets the requirements of due process. Continue reading
Definition of a Process Server
A process server hand delivers (most of the time) court case paperwork to the parties named in the case. While this job may sound a little underwhelming, it actually plays a very important role in the American legal system and upholds the constitutional rights of court litigants every single day.
Did you know that part of the 14th Amendment of the U.S. Constitution refers to the need for process servers? It’s known as the “Due Process Clause”, and it prohibits the government from depriving “any person of life, liberty, or property, without due process of law.” That due process of law includes notification of upcoming court dates so that the defendant or witness has adequate time to prepare. That notification, in many cases, comes from process servers. Continue reading
In Colorado, there is no certification or licensing program for private process servers. Instead, the courts rely on honesty amongst servers, attorneys, and litigants to ensure that the case process is served and received as intended.
Even though there is not an official process server designation in the state, there are still rules that anyone serving process in Colorado must follow. At a minimum, process servers are expected to: Continue reading
When you file a civil complaint against an individual or business, there are several wheels that begin turning behind the scenes. The exact processes will depend on the specifics of your case, but in general, all cases go through a predetermined series of steps, depending on the monetary amount involved:
Process servers play the vital role of ensuring that all parties in a legal case are properly and promptly notified of when and where their upcoming court case will be heard. This gives defendants plenty of time to prepare for the case or find legal representation. Witnesses may want to role-play answering questions so they are not so nervous on the stand.
Process servers provide this notification to case parties by serving them process, or the documents related to the court case. There are many different documents that a process server may deliver, including summons, complaints, subpoenas, and writs.
A summons does just that—it summons a defendant to court to respond to accusations. The summons will contain the date, time, and place where the case will be heard. Abiding by a summons is not optional. Continue reading
Have you heard of the phrase, “service of process”, but are unsure of what it means? Well, you are not alone! Many people don’t understand this legal term the first time that they hear it. In this post, we’ll clarify what service of process actually is to clear up the confusion.
What is process?
According to Cornell Law School, process is “a writ, warrant, mandate, or other process issuing from a court of justice. The term includes subpoenas, citations, and complaints.” Continue reading