Changing the rules in your state.
- Changing the rules in your state.
A lot of us started out thinking that the Rules of Civil Procedure for service of process in our state were written in stone forever and could never be changed.
But then we finally formed an effective state organization that was capable of tactfully working with the people who set the rules, and with guidance from NAPPS, we made reasoned and effective appeals to the rules commitee, and actually got some of our rules changed.
Those of you in states that require "personal service only" for things like a common summons, please consider this.
I don't know how many cases I've worked, from states like that, and I go to serve someone at their home and an adult family member is the only one there. Instead of substitute serving immediately, I wind up having to go back, but the family member has tipped off the defendant and he or she will never come to the door after that. It essentially blows the serve and makes me go there far more times than would have been necessary, then have to non-serve it, wasting time and gas, when I could have served it on the first attempt.
So those of you in states where the rules require "personal service only" for everything, might adapt this approach and have your state organization tactfully meet with the rules committee and request such changes.
Make the same points that I did above and point out the benefits, that it would not only save the time of the process server, but gas that pollutes the air, and it would help make the courts run more smoothly, so they didn't have to have as many motions for alternative service, because defendants started evading after they were tipped off by someone who could have been substitute served the first time.
Denver Process Servers LLC
Main: 1-800-691-6219 Fax: 1-800-870-4318
NAPPS - National Association of Professional Process Servers
PSACO - Process Servers Association of Colorado
PPIAC - Professional Private Investigators Association of Colorado