Need service of process in a different state? You’ll want experienced professionals to make sure everything is delivered correctly. Fortunately, you don’t need more help – just the right help. And hiring a skilled process server is the first step to successful out-of-state service. Here’s what you should know before taking a case to a new state.
No Need to Hire a Lawyer in Another State
Depending on where you live, you no longer need to retain out-of-state legal counsel for service of process in another state when you have a subpoena for documents or a deposition. Which is great news for your budget, since retaining additional counsel is a quick way to add on to your client’s legal fees.
The Uniform Interstate Depositions and Discovery Act (UIDDA) of 2007 makes out-of- state process service much easier. Under the UIDDA, you can simply have a process server handle all the pieces involved with domesticating the subpoena through the UIDDA and having it served. A court clerk will reissue the documentation in that state, allowing the process server to then complete the document delivery.Â
It’s important to note that although most states adopted the UIDDA, some don’t, which means your legal team and/or process server will need to follow the procedures established by the individual state when it comes to out-of-state service.
You Don’t Need a New Process Server
Just like you aren’t required to hire out-of-state counsel in order to complete process of service, your process server can also help you serve out of state. Here at DGR Legal, we serve documents throughout the United States and in every country.
From the Philippines to the United Arab Emirates, there’s no place too far away for our process servers. (Of course, we’re happy to deliver anywhere within the state of New Jersey as well.)
When it comes to a good process server, it’s less about staying local and more about reliability and effectiveness. Stick with servers you know to be trustworthy and efficient, even if it means sending them to a different jurisdiction. You’ll appreciate the peace of mind that comes from knowing your documents will be delivered appropriately, and you’ll save time and money long-term by avoiding unnecessary delays caused by incomplete or inaccurate service.
Plus you get the added benefit of not having to do the research and vet another process service. You can rely on a trusted process server you already use to get your service completed quickly.
When it Comes to Delivery, it’s Better to be Safe than Incomplete
There are still individual state rules that your process server must adhere to when delivering documents in another state. And when in doubt, it’s best to follow the rules in both the original state and the receiving state in order to avoid a potential case dismissal from the presiding judge. For example, Florida does not allow for process service on Sunday. So while you may live in New Jersey, (where Sunday delivery is permitted) if your process server is delivering in Florida, they likely won’t be able to complete that Sunday brunch delivery.
Likewise, Texas now allows for alternate service via social media. However, some states and counties still do not permit this type of alternate service, or require significant proof that other types of delivery were attempted first. The laws regarding who can act as a server, where a person can be served, and what constitutes due diligence vary greatly by jurisdiction.
So when attempting interstate process service, always make sure your process server is familiar with all the regulations in the states where they’ll be working.
Let DGR Legal make out-of-state process of service as easy as possible. Contact us today with questions or concerns about the regulations in each state, and we’ll help you navigate the process every step of the way.
