Attorneys nationwide understand how vital process servers are to the seamless process of a case. A great process server can quickly locate and serve an intended recipient and ensure they adhere to compliance with federal and state regulations.
And, advances in technology are helping process servers to increase their accuracy and efficiency. With recent technological developments like generative AI leading the way, process server duties increasingly involve technology tools that can benefit the process of legal document delivery everywhere. The impact of digital innovation on the duties of a process server cannot be overstated.
Let’s take a look at the work of a process server and how digital advances can help a process server complete excellent work for their attorney partners.
What you need to know about process servers
If you’re an attorney, you need to be able to partner with a trustworthy process server who takes their duties seriously. You don’t have time to hire a new process server for every case. You need a reliable professional who understands local, state, and federal regulations, will work in compliance with those laws, and who can work with efficiency.
A great process server will save you time and money, and allow you to focus on the big picture work of building a strong case for your client. The right professional understands the need to use new technology in their process server duties, and will demonstrate the ability to optimize technology in their work.
What is a private process server?
Whether you run a solo law firm or work for a large corporation, you might use a sheriff or other recognized officer of the court to serve someone. However, hiring a private process server means that you’re able to vet an individual, rely on their ability to locate intended recipients, and utilize their services for comprehensive and quick legal document delivery.
Who can become a process server?
Every state has different requirements for professional process servers. Some cities and counties also have specific requirements. However, across the board, any process server you hire must be an unbiased third party, and at least 18 years old.
It’s important to ensure that any private process server that you choose to partner with meets your state’s regulatory requirements. For example, in New York City, a process server must be licensed, and in many states, process servers are required to carry insurance. All process servers must follow the Federal Rules of Civil Procedure as well.
What are process server duties?
Along with efficient and correct delivery of legal documents, such as a summons or subpoena, a process server has a variety of duties that must be completed for successful service.
Process serving duties include:
- Compliance with Regulations: The federal, state, and local laws that impact process servers go through continuous change and are often amended. A process server must demonstrably ensure their work is in compliance with these regulations. An attorney who hires a process server who doesn’t demonstrate compliance could find their case faces legal challenges or even dismissal.
- Confidentiality and Sensitivity: Process servers are expected to keep their work confidential and to use discretion in delivery attempts as legal cases often involve highly-charged emotions.
- Court Filings: Process server duties often include time-sensitive court filings, whether electronically or in person.
- Documentation of Service Attempts and Successful Service: A process server is required to provide the courts with detailed records of each service attempt. This documentation must include the date, time, location, and verification of the individual served. An affidavit of service (sworn statement) verifying delivery or delivery attempts is also mandated.
- Location of Recipients: If an intended recipient is difficult to locate or attempting to evade getting served, a process server must use skip tracing methods through resources like public and private database research, the review of public records, and social media tracking. Locating an intended recipient requires knowledge and effective processes.
- Transparent Communication: A great process server will remain in constant communication with their clients and offer case notes and real-time status updates.
The evolution of process server duties
The right to due process was introduced by the Magna Carta in 1215. In the centuries since, process servers have played a growing and vital role in the legal system. Sheriffs and other law enforcement officials would notify parties of legal actions being taken against them and serve court documents to individuals.
In contrast, private process servers are relatively new to the legal industry. Technological advances over the past century have helped the process serving industry to evolve. Today, lawyers rely on professional process servers to effectively deliver legal documents and ensure due process.
Digital innovations in process server duties
The rapid development of digital technology significantly transforms process serving duties, creating a more accurate, efficient, and transparent process. Here’s a breakdown of how digital innovations impact process server duties.
Clear Communication
Process server providers, like nationwide industry leader Firefly Legal, utilize client-only portals to allow real-time communication and status updates. Clients can access through protected apps, review case notes, and understand the progress of their case.
This allows a process server to communicate with the client in a transparent way, and saves vital resources and time.
Effective Delivery via Technology
Tech tools are increasingly used to make process serving more efficient. These tools include:
- AI-Driven Automation: Tools like generative AI can help to reduce manual work and enhance streamlined workflow.
- Digital Mapping and GPS Tracking: Digital mapping uses electronic data to create virtual images that allow a process server to quickly locate individuals. By using GPS to track the routes they take in delivery attempts, process servers reduce the length of time each service attempt and verify an individual’s location.
- Electronic Document Management Systems (EDMS): Electronic Document Management Systems, like DocHub, can help a process server manage, store, and track digital documents such as court filings and affidavits of service.
- Process Serving Software: There are numerous process serving softwares that help optimize process server duties by capturing GPS data, generating digital affidavits, managing and tracking cases, and more.
Efficient Proof of Service
Digital tools can also be used to ensure proof of service. Digital verification of the date, location, and time of service attempts can reduce liability risks. Smart devices can take digital, geo-tagged photos to verify delivery location.
In regions where electronic proof of service is permissible, process servers can e-file documents with the courts, and automatically store electronic files.
Optimized Skip Tracing
When an intended recipient is difficult to locate, process server duties often include utilizing skip tracing methods. Digital innovations allow effective skip tracing through comprehensive database research, social media tracking (monitoring social media activity and posts on platforms like Facebook or Instagram), and more.
In the future, innovative technologies like blockchain technology, cloud-based storage systems, generative AI, and remote notarization will continue to play a growing role in optimizing process server duties. An excellent process server implements technology and stays on top of tech trends to ensure premium service.
Industry leader Firefly Legal can connect attorneys nationwide with the best process servers available. Join our satisfied clients and partner with us to efficiently take care of your legal document delivery and additional legal support service needs.
Book a call with Firefly Legal today.
