Īnother method of substituted service is "service by publication" also called "constructive service" in some jurisdictions. Substituted service often requires a serving party show that ordinary service is impracticable, that due diligence has been made to attempt to make personal service by delivery, and that substituted service will reach the party and effect notice. California, New York, Illinois, and many other United States jurisdictions require that in addition to substituted service, the documents be mailed to the recipient. Federal Rules, substituted service may only be made at the abode or dwelling of the defendant. Substituted service allows the process server to leave service documents with another responsible individual, called a person of suitable age and discretion, such as a cohabiting adult or a teenager. When an individual party to be served is unavailable for personal service, many jurisdictions allow for substituted service. Where a defendant's whereabouts are unknown, a court may permit service by publication, usually in a newspaper. Service on defendants in many South American countries and some other countries is effected through the letter rogatory process. Service on a defendant who resides in a country outside the jurisdiction of a court must comply with special procedures prescribed under the Hague Service Convention if the recipient's country is a signatory. In Canada the rules vary from province to province and can be governed differently depending on what the type of case (i.e. In England and Wales, the rules governing service of documents are contained within Part 6 of the Civil Procedure Rules 1998. Service of process in cases filed in the United States district courts is governed by Rule 4 of the Federal Rules of Civil Procedure. Service of process must be distinguished from service of subsequent documents (such as pleadings and motion papers) between the parties to the litigation. The defendant may contest the default in his or her home state. If the defendant ignores further pleadings or fails to participate in the proceedings, then the court or administrative body may find the defendant in default and award relief to the claimant, petitioner or plaintiff.
Proper service of process initially establishes personal jurisdiction of the court over the person served. In exceptional cases, other forms of service may be authorized by procedural rules or court order, including service by publication when an individual cannot be located in a particular jurisdiction. In some cases, service of process may be effected through the mail as in some small claims court procedures. Typically, a summons and other related documents must be served upon the defendant personally, or in some cases upon another person of suitable age and discretion at the person's residence or place of business or employment. 2.5 Common law systems in the United StatesĮach jurisdiction has rules regarding the appropriate service of process.2.4 Personal service by court services process server.2.3 Voluntary acceptance of service (United States).