Can Process Servers Serve on Holidays?
During the holidays you should be thinking about gift lists and Secret Santa parties, not worrying about the process from your pending legal cases. When you have to file a case in December, you will undoubtedly worry about whether or not your case process can be served on a holiday. In this post, we’ll shed some light on this yuletide mystery.
What is Process Serving?
Process serving is a crucial part of the legal process. It involves the delivery of legal documents such as summonses, complaints, and subpoenas to individuals involved in legal proceedings. This step is essential to uphold the principle of due process, ensuring that all parties are properly notified and allowed to respond.
Florida’s Take on Holiday Process Service
In the state of Florida, no statute expressly prohibits the service of process on holidays. This means that legally speaking, process servers in Florida are permitted to deliver documents on holidays like Christmas, Thanksgiving, and other significant days. However, it’s important to note that this is not a uniform rule across all states in the U.S. For example, Minnesota has specific legislation forbidding the process serving on holidays. Moreover, Florida, along with several other states, prohibits process serving on Sundays, as outlined in Florida Statutes §48.20.
Holidays Should Typically Be Avoided
Despite the legal allowance for serving processes on holidays in Florida, it is generally not regarded as best practice unless under exceptional circumstances or as directed by a court order. The rationale behind this is straightforward: holidays are traditionally times for personal and family celebrations. Receiving legal documents during such periods can be intrusive and could be perceived as disrespectful.
There Are Some Exceptions
However, there are circumstances where the urgency of a legal matter may necessitate serving documents on a holiday. In such situations, the process server must exercise the highest level of professionalism, sensitivity, and discretion. The decision to serve on a holiday is typically made on a case-by-case basis, often under explicit court instructions.
Trust Accurate Serve for Your Holiday Process Service
At Accurate Serve in Fort Myers, we are dedicated to providing timely and respectful service in all aspects of process serving. Our team is knowledgeable about Florida’s process serving laws and adheres strictly to legal and ethical standards. We understand the sensitivity required when serving documents, especially during the holiday season.
Beyond process serving, we offer a variety of legal support services, including document retrieval, skip tracing, and diligent search services. Our commitment to excellence and thoroughness makes us a trusted partner in the legal community. If you require process serving or any of our other services, contact us at (239) 822-7299 or send a work request online.