PS 101 – Chapter 1 – Article 2 – Judicial Process – What it is and What it Means

In the broadest meaning of the term “judicial process” encompasses every act of the legal system, from the beginning of a proceeding to its end. That said, and for most of our purposes in this course, it means the various legal methods by which a defendant, or other party, is brought under the jurisdiction of a court.

We will concentrate on the role of the professional process server within the much larger universe of the entire judicial system. In the civil judicial system it is the process server who acts as the “judicial hook” to reach out and, by the proper service of legal documents, bring a person or other entity under the court’s jurisdiction.

The terms process, judicial process, legal process, documents, legal documents, etc, will be used interchangeably and, unless specifically stated otherwise, refer to the legal papers process servers are asked to serve.

For the process server, process can take many forms. The most common being documents known as a summons and complaint, which are referred to as original process, and are, by far, the most common documents served by professional process servers. There are also a number of other legal documents considered original process and an even greater number which fall under the heading of “pleadings subsequent to original process.”

The primary purpose of service of legal process is to provide a civilized means by which a court can acquire jurisdiction over a person or other entity. The process server is an indispensable link in the chain that allows our judicial system to operate.

The proper service of original process on a party in an action is intended to give the party notice of the action or proceeding against him or her. At the same time this notice is designed to inform the party of his opportunity to appear before, or be heard by, the court under whose jurisdiction the party now finds him or her self. In this manner, the party is afforded the opportunity to defend his or her person, property, or rights. The court is there to safeguard all persons and to ensure the law (the entire process) is applied equally and fairly upon all parties.

Our constitutions, both state and federal, provides a guarantee of due process of law. This means that before a court can take any action which in some manner may infringe upon a party’s person, property, or rights, that party must be informed of the action and given the opportunity to be heard before an impartial court of proper jurisdiction. Most typically, in civil court, the party is informed when proper service is accomplished by a process server. Without service the court does not have jurisdiction over the party and the proceeding quickly comes to a halt.

Louis C Warden, JD, has written, “A judgment against one who is not given notice in the manner required by law of the action or proceeding in which such judgment was rendered lacks all the attributes of a judicial determination; it is judicial usurpation and oppression, and can never be upheld where justice is fairly administered.” Thus, service of process is a pivot point upon which rests all subsequent action taken in a civil action. If service is not accomplished properly, if notice is not given, then any resulting judgment is open to attack and should be overturned.

Interestingly, the US Supreme Court has gone a step further by ruling that not only must proper notice be given but the law or rule which governs how notice is given (how the process is served) must also meet the due process requirements in the 5th and 14th Amendments to the US Constitution. Any law relating to the service of process must be calculated to give reasonable notice to the defendant, other party, witness, individual, or entity. Tell me more.

The manner in which legal process is issued and served varies a great deal from state to state. In general, the statutes and rules of the originating state, or other jurisdiction, apply to the method of service no matter where the documents are served. Therefore, when process originating in Washington is sent to another state it is incumbent upon the person sending the documents to inform the process server receiving them of the laws and rules under which the documents must be served in order for the Washington court to acquire jurisdiction. The opposite should occur when documents are sent to a process server in Washington but originates from a court outside the state. It is vital the rules of service of the originating jurisdiction be followed.

Although the rules of service vary from state to state they all have the same intent, to inform the party of the action being brought. Thus the role of the professional process server is vital to the orderly operation of civil law in our country.

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