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Rule103. Who May Serve (2005)

TEXT

Process-including citation and other notices, writs, orders, and other papers issued by the court-may be served anywhere by (1) any sheriff or constable or other person authorized by law, (2) any person author­ized by law or by written order of the court who is not less than eighteen years of age, or (3) any person certified under order of the Supreme Court. Service by registered or certified mail and citation by publica­tion must, if requested, be made by the clerk of the court in which the case is pending. But no person who is a party to or interested in the outcome of a suit may serve any process in that suit, and, unless otherwise authorized by a written court order, only a sheriff or constable may serve a citation in an action of forcible entry and detainer, a writ that requires the actual taking of possession of a person, property or thing, or process requiring that an enforcement action be physically enforced by the person delivering the process. The order authorizing a person to serve process may be made without written motion and no fee may be imposed for issuance of such order.

Amended by order of June 29, 2005, eff. July 1, 2005: The rule is amended to include among the persons authorized to effect service those who meet certification requirements promulgated by the Supreme Court and to prohibit private individuals from serving certain types of process, unless, in rare circumstances, a court authorizes an individual to do so.

The prior order dated October 7, 2004, eff. July 1, 2005, included the following language:

Rule 103. Who May Serve

Process – including citation and other notices, writs, orders, and other papers issued by the court – may be served anywhere by (1) any sheriff or constable or other person authorized by law, (2) any person authorized by law or by written order of the court who is not less than eighteen years of age, or (3) any person certified under order of the Supreme Court. Service by registered or certified mail and cita­tion by publication must, if requested, be made by the clerk of the court in which the case is pending. But no person who is a party to or interested in the outcome of a suit may serve any process. The order authorizing a person to serve process may be made without written motion and no fee may be imposed for issuance of such order.

Amended by order of Oct. 7, 2004, eff. July 1, 2005: The rule is amended to clarify that it applies to service of all process and to include among the persons authorized to effect service those who meet certification requirements promulgated by the Supreme Court.