| Process service is the means by which the courts obtain jurisdiction over an individual. Essentially, it is the delivering of court documents in a manner prescribed by law ( see O.C.G.A. 9-11-4 ) to an individual notifying them of a pending legal matter. Service of process can only be carried out by a sheriff or a person appointed by the court where the action is being heard. A few counties have standing orders of appointment. In those counties the appointments are long term and allow the process server to serve in any action in that court. In the counties that do not have permanent process servers a motion or petition for appointment must be filed with the court in which the action is being brought and then it must be approved and signed by a judge of that court. This must happen in each seperate case in order for the service of process to be legal. Service of process can be accomplished by personal service (giving the court documents to the defendant) or notorious service (leaving the court document with a resident). Publication service (i.e., publishing in a newspaper) can only happen after the sheriff or process server has exhausted every effort to find the defendant and filed an affidavit stating such. Process service should be completed within five days of filing the court action. A return of service or an affidavit must be completed by the process server as evidence of the service. This return of service or affidavit is usually returned to the attorney for review and filing with the court. Service of subpoenas does not have the same rigid regulations relating to who is eligible to perfect service. The person does not have to be appointed by any court. They simply must be an adult (over the age of 18) who is not an interested party. Subpoenas may either be served by mail (certified or registered), given to the attorney of record (not usually applicable) or served to the individual personally. Subpoenas must include a witness fee (see O.C.G.A. 24-10-24) if applicable and be served at least 24 hours prior to the time scheduled to appear in court. A return of service or an affidavit is usually returned to the attorney for review and filing. |
| What Is Process Service? |