Recent Changes to the Laws concerning Service of Process

House Bill No.9

Summary:

Service of Process: Authorize sheriff to charge fee for processing writ of execution; authorizes person to provide sheriff with electronic copy of service of process; directs process server to place required information on first page of at least one of processes served; requires process server to list all initial pleading delivered & served along with process on return-of-service form; requires person issuing process to file return-of-service form with court; grants authorized process servers unannounced access to specified residential areas where defendant or witness resides or is known to be; authorizes person attempting to serve process on registered agent of corporation to serve process, in specified circumstances, on any employee of registered agent during first attempt at service even if registered agent is temporarily absent from his or her office; revises number of copies of process that must be served on statutory agents for certain persons; requires process servers to sign return of service form; authorizes employee of sheriff to sign return-of-service form electronically; provides that failure to sign return-of-service form invalidates service & subjects process server to fine; reduces number of copies to be served on CFO or assistant as process agent of insurer; provides that records may be retained as paper or electronic copies. Effective Date: July 1, 2011.

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