when a lawyer filed return of service what does it mean

by Alyson Walker 3 min read

The return of service provides irrefutable evidence in court that proper service took place within a required deadline and in accordance with state guidelines. Correct and timely service of process can play a pivotal role in determining the outcome of court proceedings.

Return of service is a confirmation that there was service of process. Also termed proof of service, and the document evidencing service may be termed certificate of service. The document is generally filed by the server, potentially a sheriff or a professional process server, in court.

Full Answer

What does return of service mean in legal terms?

Return of service is a written acknowledgment by a process server stating that there was service of legal documents, such as a summons and complaint. Process is the legal term for the delivery of copies of legal documents such as summons, complaints, subpoenae, orders to show cause, writs, notices to quit the premises and certain other documents. Delivery is usually made by …

How to file a return of service in a civil case?

Return of service is a confirmation that there was service of process. Also termed proof of service, and the document evidencing service may be termed certificate of service. The document is generally filed by the server, potentially a sheriff or a professional process server, in court. For example, California Code of Civil Procedure § 417.10 ...

When do process servers have to file a return of service?

return of service: n. written confirmation under oath by a process server declaring that there was service of legal documents (such as a summons and complaint). (See: service of process , …

Why is the return of service of process important?

A return of service should be filed by counsel, not submitted directly to the Court by a private process server. The only occasion when a return is filed directly with the Clerk’s Office is if the U.S. Marshal was directed to make service. A return of service is almost always in paper format and will need to be scanned.

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1 attorney answer

Basically it is an affidavit from the process server stating that he has served the subpoena on the witness

Kelly Wright Kelly

Basically it is an affidavit from the process server stating that he has served the subpoena on the witness

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