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Substituted service of process

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Definition Edit

When an individual party to be served is unavailable for personal service, many jurisdictions allow for substituted service of process. Substituted service allows the process server to leave service documents with another responsible individual, such as cohabiting adults.

Overview Edit

Under the Federal Rules of Civil Procedure, substituted service may only be made at the abode or dwelling of the defendant.[1] California, Illinois, and many other U.S. 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 and that substituted service will reach the party and effect notice.

In addition, substituted service may be affected through public notice followed by sending the documents by Certified Mail.

References Edit

  1. Fed. R. Civ. Proc. 4.

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