Considerations for Serving an Individual at a Courthouse

There may be instances where a Client asks you to serve an individual at a courthouse. Some of the most common types of documents you may receive to serve include witness subpoenas, and summons of complaint or summons with petition for dissolution of marriage. Serving at a courthouse is not always allowed, and often has specific rules that apply. In this article we discuss when and how to serve at a courthouse.

Preliminary Research – Can you Serve or Not?

In some states service is not permitted in or around the courthouse. In other states there may be restrictions. It is important to know the rules in your state. For example, in Florida, some individuals have immunity from service of process.

There are several questions to consider asking your client to fully understand the request.

• Why is the Client asking you to serve the individual at court? Is there no other address where you could serve the papers? 
• What type of documents will you be serving? 
• What case is the person you are serving appearing at?

The answers to these common questions will help you confirm your ability to serve and the time involved for the job.

For example, is the Client asking you to serve a divorce summons at the domestic violence injunction hearing related to the same couple, because the current address of the person is unknown? If so, your state may allow you to serve at the courthouse in a related matter.

As another example, is the person appearing at a traffic hearing regarding a ticket they received as a result of a traffic accident? Again, if your papers are related – perhaps you are serving the defendant with a summons in a civil case filed by victims of that traffic accident – then you might be allowed to serve these papers. However, in this example, even if serving is allowed by your state, realize that you may have to sit and wait for several hours for their case to be called to confirm they are at court if you have not been able to spot them prior to the hearing – and price that attempt accordingly.

If you cannot serve the person at the courthouse, be clear with your Client, including providing them with the appropriate state statutes that preclude service at or near the courthouse. Don’t be pressured into serving when it’s not allowed. Explain to your Client an improper serve will be tossed out and result in more time, effort, and money to serve again correctly.

Service Preparation

You’ve confirmed you can execute the serve at or near the courthouse – great! But serving individuals in public places can be difficult, especially if you don’t know them by sight. You want to have the best chance of getting this paper served, so be sure to ask your Client for a photo of the individual. If they don’t have one, search social media for a recent photo. If no photo is available, ask your Client for additional personal information that will help you identify the individual.

• Physical Description. Ask for the description of the person to be served – height, weight, skin color, hair color, and any other defining features, like a visible tattoo. Also, ask if the Client or anyone familiar with the person to be served will be at the courthouse – if so, perhaps they can point out the person to you. Another idea is to get a physical description of someone who might be with the person to be served at the courthouse. For example, if the individual’s spouse will likely be there and has bright purple hair, it might be much easier to spot the spouse and identify the actual person to be served as a result.
• Vehicle Information. If the person to be served is likely driving themselves to the courthouse, you might be able to spot their car and serve them on their way into or out of the courthouse. Get any vehicle information you can, including the type and color of the car and, if possible, a tag number. Consider getting information about vehicles that family members drive, such as their spouse, in case they have someone driving them to the courthouse.
• Other Information. Is there any other information you or your Client feels may be helpful to serve the process? Examples include knowing if the Client believes the person could become violent when served. In situations where there is a potential threat of violence it may be necessary to advise and/or coordinate the service with the court personnel.

Depending on the type of case the person is appearing at you may be waiting. If you anticipate you will be waiting, will you be charging a service fee and wait time? Confirm these terms with your Client in advance so there is no issue with your payment for service.

Completing the Service

Once you have the papers in hand and the additional information to identify your subject, it’s time to serve. Here are a few tips:

• Be Professional. Many licensing programs specifically state that process servers are expected to conduct themselves professionally and with dignity while on or in the premises of the courthouses and shall be respectful with Judges, Deputies, Deputy Clerk and employees of the Judiciary. Moreover, courtesy and an air of professionalism will get you cooperation from courthouse staff, and will minimize adverse reactions of the person served.
• Arrive Early. You may spot the individual arriving at the courthouse and be able to serve them outside which would be the best possible scenario. If that is not an option, you want to be sure you arrive at the location to allow enough time to serve the person prior to the start of the hearing. If you do not, you may end up waiting through the entire hearing outside the courtroom to serve the person as they leave.
• Check in with the Bailiff or Court Clerk. They will be able to confirm if the person has checked in for the hearing and may be able to assist with pointing them out.
• Be Discreet when Serving. It’s best to locate the individual you are serving and complete your serve with minimal disruption.
• Avoid Tipping the Person Off. Depending on the situation and who might be at the courthouse, minimize the number of people who know you are coming to serve and avoid convoluted signals from people. You don’t want “loose lips” or odd behavior to tip off the person to be served, possibly making the serve more difficult or confrontational.
• Do NOT Serve in Open Court. Do not cause any disruption to the court process, unless the Judge or Bailiff is aware of the service and has specifically requested you to do so.

Though not a common type of service, serving at the courthouse does occur. Preliminary research and preparation can help you to have the best possible chance of serving the individual.