An Indiana process server practices within constraints of best practices and professional standards, as well as the rules of the jurisdcition in which the cause is filed. However, Indiana does not have any licensing requirements for process servers. Thomson Reuters News & Insight reported last week that a New York process server broke the law by not keeping record of foreclosure documents served. The State of New York does have laws and licensing requirements for the service of process.
Although process servers in Indiana are not regulated, they should adopt a high standard of practice and must adhere to the legal requirements set forth by the courts where the lawsuit is being heard. An example where a New York process server failed the industry can be found in an article in News & Insight titled “NY Judge: Sloppy Service Has Legal Consequences.” Specifically, the contracted NY process server admitted to failing to keep records on “thousands” of foreclosure cases he served. The presiding state Supreme Court Justice F. Dana Winslow wrote, “The need, particularly in this economic environment and under these telling circumstances, for valid and reliable proof of service, mandates the rejection of ‘trust me,’ and the adoption of ‘show me,’” according to News & Insight.
Process server Aaron M. Rader follows NAPPS Best Practices and operates as an Indiana process server within the rules and laws in place in the state of Indiana, and serves process pursuant to the rules and laws of the jurisdiction for which he is serving. Indiana process servers serving in any jurisdiction must follow the rules of service of the jurisdiction wherein the case is being heard. For example, an Indiana process server serving a Florida case in Indiana must follow the Florida rules of service of process, which are different than Indiana’s rules. Aaron M. Rader Process Service completes an affidavit of service for every service of legal documents and, many times, takes extra steps to provide additional documentation of service, such as taking photos germane to the service job.
Here are rules that an Indiana process server must follow:
- Indiana - Rule 4. Process http://www.in.gov/judiciary/rules/trial_proc/index.html#_Toc313019748
- Federal – TITLE II. COMMENCING AN ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS http://www.law.cornell.edu/rules/frcp/
Aaron M. Rader is an Indiana Process Server with over 16 years of experience and long-standing member of NAPPS. Aaron M. Rader Bail Bonds provides criminal court surety bonds for defendants in the Marion County Jail and Hamilton County Jail. His blog shares news, commentary, and thoughts affecting the legal community.