Why Proper Service Matters
Documents need to be served in a timely and proper manner. A Summons and Complaint (S&C) for example is 2 parts. The Summons is usually a 1 to 3 page document that provides information on where the court hearing will take place, how it will take place (video conferencing, in person, etc.) and when it will take place (time and date specifically).
The Complaint is a multi page document (could a few pages on up to hundreds of pages). Within the Complaint, a list of allegations will be provided along with supporting evidence (contracts, receipts, photographs, etc.). More evidence could be provided later on in the process. The initial Complaint will provide the defendant and other related parties with an idea of what the lawsuit is about.
In most jurisdictions, both the Summons and Complaint must be “true and correct copies” of the actual documents that were filed with the presiding court.
In the state of Hawaii, there is a certification seal or a red certification stamp that appears at the bottom of all certified copies of the first page of each document. Court cases have been delayed or even dismissed (invalidated) due to the lack of the certification stamp.
Professional Process Servers should know the rules of how, when and where documents can be served. Some documents are allowed to be “substitute served” (sub-served) under certain conditions. Other documents are required to be “personally served directly”, meaning only the named party can accept the documents. For example, I have a Family Court Summons & Complaint to serve on “Mr. Bum Dad”. I get to the service address and the door is answered by “Mr. Good Dad”. I advise Mr. Good Dad that I have documents for Mr. Bum Dad. Good Dad says “that’s my son, what did he do now?” I advise it’s a Family Court Summons & Complaint that needs to go directly to Mr. Bum Dad. Good Dad states “he’s at work, he’s usually home after 7pm”. I thank Mr. Good Dad and return after 7pm. Mr. Bum Dad is home, I hand him the documents and am on my way.
Family Court documents are usually to be served directly to the person named on the document unless otherwise directed by the court or the person who provided the documents to be served. Had I given the documents to “Mr. Good Dad”, and “Mr. Bum Dad” never showed up in court, this could delays in the case, as the judge would likely order that the documents be served again, this time going to Mr. Bum Dad.