{"id":422,"date":"2018-01-23T23:29:26","date_gmt":"2018-01-23T15:29:26","guid":{"rendered":"http:\/\/trainingpips.com\/?page_id=422"},"modified":"2018-12-20T10:29:42","modified_gmt":"2018-12-20T18:29:42","slug":"ps-101-chapter-3-article-11-proof-of-service","status":"publish","type":"page","link":"https:\/\/www.trainingpips.com\/index.php\/ps-101-a-course-outline\/ps-101-chapter-3-chapter-outline-tips-and-tools\/ps-101-chapter-3-article-11-proof-of-service\/","title":{"rendered":"PS 101 – Chapter 3 – Article 11 – Proof of Service"},"content":{"rendered":"

The Proof of Service, whether it be in declaration<\/a> or affidavit<\/a> form, is the fundamental document by which a process server informs his client and the court that service has been accomplished. It is the server’s sworn testimony that service occurred and, as such, must contain certain information<\/a> about how service was accomplished. A proper proof must answer<\/a> the questions Who, What, Where, When, and How. The following items are basic to any proof of service and are presented here in the “usual” order in which they are found on the average Proof of Service.<\/span><\/p>\n

    \n
  1. The case<\/a> heading. This supplies the name of the court in which the case<\/a> is filed, provides the case<\/a> number, the name of the case<\/a>, and the name of the document (such as Declaration<\/a> of Service of John Smith, Process Server).<\/span><\/li>\n
  2. “Boiler plate” wording which will vary depending on whether the proof is a declaration<\/a> or an affidavit<\/a>.<\/span><\/li>\n
  3. The date and time of service.<\/span><\/li>\n
  4. The location at which service took place.<\/span><\/li>\n
  5. Who was served.<\/span><\/li>\n
  6. A listing of the documents which were served.<\/span><\/li>\n
  7. A brief<\/a> description of the mode of service.<\/span><\/li>\n
  8. Some more “boiler plate” language which, once again, will vary depending on whether the proof is a declaration<\/a> or an affidavit<\/a>.<\/span><\/li>\n
  9. The name of the process server.<\/span><\/li>\n
  10. The process server’s registration number.<\/span><\/li>\n
  11. The date on which the process server signed the proof.<\/span><\/li>\n
  12. The fee charged for service.<\/span><\/li>\n
  13. Contact information<\/a> for the process server.<\/span><\/li>\n
  14. The name, and perhaps the address, of the client.<\/span><\/li>\n<\/ol>\n

    For the purposes of this section we shall examine items 3, 4, 5, 6, and 7.<\/span><\/p>\n

    Item 3 – The date and time of service.<\/strong><\/u><\/span><\/p>\n

    These answer<\/a> the When question. Although both are important pieces of information<\/a> it is the date of service which is more likely to be examined by the court. This is because of the importance of meeting various deadlines such as that imposed by a statute of limitations<\/a> or by court rule<\/a>. Additionally, the date and time put the service within a certain context. It places the process server and the servee together in terms of time.<\/span> One method of attacking a process server’s Proof of Service is to show the server and the servee were not together at the time reported on the proof. Also, certain statutes require that service occur within certain time periods of the day. The date must be accurately reported and the time should be accurate to within a few minutes.<\/span><\/p>\n

    Item 4 – The location at which service took place.<\/strong><\/u><\/span><\/p>\n

    This answers the Where question. Working hand-in-hand with the date and time of service, the location of service completes the context in which the service took place. It places the process server and the servee together in terms of space or location.<\/span> Depending on the mode of service, see Item 7, the location can become a point on which the proof might be subject to attack. Preferably the location is reported as an address, e.g. 1234 Main St, Anytown, WA. However, not all services are accomplished at a specific address. Depending on the circumstances it can also be a simple description, e.g. 1200 block of Main St. It might even be reported using the legal<\/a> description or parcel number<\/a> for a piece of property.<\/span><\/p>\n

    Item 5 – Who was served.<\/strong><\/u><\/span><\/p>\n

    Almost any type of entity<\/a> is subject to service of process. The “who” might be a person<\/a>, a company<\/a>, a corporation<\/a>, an association, a government entity<\/a>, etc. The proof must accurately report the name of that entity<\/a>. Since most civil<\/a> actions are against a person<\/a> the name will be that of a person<\/a>, e.g. John Smith. However, if it is against, for instance, a county<\/a> then the county<\/a> must be named, e.g. Whatcom County<\/a>. Note, there is a difference between who is being served and with whom the documents are left. This distinction is vital<\/span> and is discussed in detail elsewhere in this course.<\/span><\/p>\n

    Item 6 – A listing of the documents which were served.<\/strong><\/u><\/span><\/p>\n

    The documents should be listed in the proof using exactly the same name as used on the document itself.<\/span> Don’t shorten the name or change it in any way. For instance, you may<\/a> be presented with a document named “Proposed Order Granting Defendant<\/a> XYZ’s Motion<\/a> To Strike New Evidence<\/a> Relied Upon By Plaintiff In Her Motion<\/a> To Reconsider Judgment<\/a>” and be tempted to type in as simply “Proposed Order.” Don’t give in to the temptation. Failure to properly list the name of the document being served could result in the proof being attacked when opposing counsel questions exactly what was served.<\/span><\/p>\n

    Item 7 – A brief<\/a> description of the mode of service.<\/strong><\/u><\/span><\/p>\n

    Among other things this provides information<\/a> about the person<\/a> to whom the documents were presented. In the case<\/a> of personal service<\/a> on an individual the name is the same as the servee. In nearly every other case<\/a> the name listed here will be different from that of the servee. For example, if the documents are served using abode (substitute) service then the servee (Item 5) may<\/a> be “John Doe<\/a>” but the person<\/a> with whom the documents are left is “Jane Doe<\/a>, his wife.” Note the brief<\/a> description of who the person<\/a> is and their relationship to the servee. Here is another example. The servee is the “City of Anytown” but the documents are left with “John Doe<\/a>, Mayor.”<\/span><\/p>\n

    Proofs of Service are generally a page in length though some extend to two pages. They are a recitation of facts.<\/span> The court will generally accept them as presented but they are subject to challenge by a party<\/a> to the case<\/a>. Given that most challenges don’t take place for months or years a professional process server will keep a record of each service which is adequate to answer<\/a> any questions regarding the statements made in the proof.<\/span><\/p>\n

    [qsm quiz=22]<\/p>\n","protected":false},"excerpt":{"rendered":"

    The Proof of Service, whether it be in declaration<\/a> or affidavit<\/a> form, is the fundamental document by which a process server informs his client and the court that service has been accomplished. It is the server’s sworn testimony that service occurred and, as such, must contain certain information<\/a> about how service was accomplished. A proper […]<\/p>\n","protected":false},"author":3,"featured_media":0,"parent":47,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-422","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/pages\/422","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/comments?post=422"}],"version-history":[{"count":0,"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/pages\/422\/revisions"}],"up":[{"embeddable":true,"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/pages\/47"}],"wp:attachment":[{"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/media?parent=422"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}