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Legal Dictionary

substituted service

Legal Definition of substituted service

Noun

  1. If a party appears to be avoiding service of court documents, a request may be made with the court to, instead of personal service (i.e. giving the document directly to the person), that the document be published in a local newspaper, served on a person believed to frequent the person or mailed to his (or her) last known address.

Related terms


Definition of substituted service

Further reading

Service of process is the procedure employed to give legal notice to a person (such as a defendant) of a court or administrative body's exercise of its jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body or other tribunal. Usually, notice is furnished by delivering a set of court documents (called "process") to the person to be served.

Manner of service

- Substituted service

When an individual party to be served is unavailable for personal service, many jurisdictions allow for substituted service. 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. Under the Federal Rules, substituted service may only be made at the abode or dwelling of the defendant. California, New York, Illinois, and many other United States jurisdictions require that in addition to substituted service, the documents be mailed to the recipient. 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.

In addition, in some jurisdictions, substituted service may be affected through motion and public notice, followed by sending the documents by Certified Mail.

References:

  1. Wiktionary. Published under the Creative Commons Attribution/Share-Alike License.



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