Service of Process
The Constable is responsible for serving all documents issued by the Justice of the Peace Court. Service ensures parties receive proper notice of legal proceedings.
Documents Served
Section titled “Documents Served”Citations
Section titled “Citations”Citations notify defendants that a lawsuit has been filed against them. The citation includes:
- Name of the court
- Names of the parties
- Date the petition was filed
- Statement that defendant must answer within the time allowed
Service of citation is required before the court can proceed against a defendant.
Subpoenas
Section titled “Subpoenas”Subpoenas compel witnesses to appear and testify or produce documents.
- Subpoena — Orders witness to appear at a specified time and place
- Subpoena duces tecum — Orders witness to bring specified documents
Failure to comply with a subpoena may result in contempt of court.
Other Documents
Section titled “Other Documents”- Summons — Orders party to appear in court
- Notice of judgment — Informs parties of court’s decision
- Rules and orders — Various court directives requiring service
- Notice to vacate — Informs occupants they must leave premises
Service Requirements
Section titled “Service Requirements”Personal Service
Section titled “Personal Service”The primary method of service is personal delivery to the party named in the document. The Constable must:
- Locate the person to be served
- Deliver the document directly to that person
- Identify the document being served
Domiciliary Service
Section titled “Domiciliary Service”If personal service cannot be made after diligent effort, service may be made at the person’s dwelling by leaving the document with a person of suitable age and discretion residing there.
Return of Service
Section titled “Return of Service”After service, the Constable files a return documenting:
- Date and time of service
- Location where service was made
- Method of service (personal or domiciliary)
- Name of person served (if domiciliary)
- Constable’s signature
The return is prima facie evidence that service was made as stated.
Attempted Service
Section titled “Attempted Service”If service cannot be completed, the Constable documents the attempts made and returns the document with an explanation. The Constable is entitled to a fee for attempted service.
Authorization from Sheriff
Section titled “Authorization from Sheriff”When authorized by the sheriff, the Constable may serve process and execute writs that the sheriff is authorized to handle. In such cases, the Constable possesses the powers of the sheriff, and the sheriff is responsible for the Constable’s performance.
See Constable Fees for current service of process fees.