If you've ever had a folder of court filings show up unexpectedly as process service, you know that it can be a somewhat upsetting and intimidating situation. Someone you don't know can come to your home, your place of work or, perhaps, another public place to hand you court filings. These court filings can be about both civil and criminal cases. They can can be surprising, can be something you forgot, or can be something you're waiting for, as in some cases of divorce and other litigation.
We are interested in explaining some of the types of court filings you can be process served in a little more detail in our attempt to ease your fears.
States have different rules for who can serve process, but it's best if the opposing party has hired a professional like those at divorce lawyer Provo UT to do the job. These people will understand all the legal rules and ramifications, particularly about things like stalking and trespassing, so they can ensure that both the rights of the recipient and the responsibilities of the plaintiff or prosecutor are attended to.
Here are the some kinds of court filings you could be handed by a process server:
Administrative Summons: These come from the Internal Revenue Service and are part of the process of making sure everyone pays heed to the tax laws. These summons require the person being served show up before a federal tax examiner and have in hand verifying documents. This is usually the last step in an IRS investigation.
Citation: These relatively minor summons are handed out, usually, by police officers, so aren't really process serving. The most common citations, including those for traffic violations, generally require that you go before a judge by a specified date. Accepting one of these is not any further responsibility or admission but, instead, a pledge that you will show up. Failure to do so can mean automatic findings of fault and growing fines and court fees.
Civil Summons: This legal call to court comes with a specific time and date when you should go before the judge. It is different from a simple filing informing you of the case. These can be given by a constable in many kinds of civil cases, including divorce and child custody matters.
Complaints: A complaint is a kind of court filing, usually civil, and is the first kind of legal document filed in a case. If you are given a complaint, it means you are the defendant in a lawsuit. There can also be criminal complaints, which are more severe than citations but often less grave than indictments.
Indictments: These criminal filings are handed down after a grand jury , which meets without a judge, gathers to weigh evidence in a potential criminal case against you. A grand jury, like a regular jury, is made up of fellow citizens but the proceedings are kept confidential, even from the defendant. This special jury meets to decide whether the prosecutor has enough evidence to charge you with a felony. Without one of these decisions, the most serious crimes cannot be prosecuted. Indictments will be served to you or your legal representative.
Petitions: This kind legal filing starts a case, but asks for something other than money such as a Writ of Mandamus (an order to do or cease doing something) or Habeus Corpus (a request for an arrested person to hear the charges against them These can also be handed out in lawsuits such as those in family law.
Small Claims Summons: Process serving documents related to small personal financial disagreements generally come from small claims court as complaints. These generally require you to start working with the creditor right away or to meet your opponent in court. If you don't, you will likely have a credit judgment against you.
Subpoenas: These fall under different rules from complaints and usually have to be signed off on by a court clerk. They are a type of summons, but they require you to appear as a witness, require you to present documentary evidence such as tangible items, records, books or papers or require you to attend a deposition. These are often served between lawyers rather than to you in person, but ignoring them can mean contempt charges or a forfeiture of your claims and a ruling against you.
Summons: Whether civil or criminal, a summons is a call for you to appear in a court. These should always state a date and time on which to appear. If you don't show up, you can either be deemed "non-responsive" and lose the case or can be charged criminally.
The U.S. Constitution, like the founding documents of many other countries around the world, protect people by guaranteeing due process in legal matters. That means everyone is entitled to a chance to argue their case in a fair, equitable forum. Professional process service is vital to this civil guarantee and, when done properly, can make the lawsuit easier for everyone.