View video: Service: Giving Copies of Court Papers to the Other Side
Service of process is delivering a copy of a legal document to the person on the other side of your case. There are strict rules about how to serve different kinds of documents. It is very important to understand how to properly serve documents to the opposing party (or their lawyer if represented). Not doing it correctly can make your case grind to a halt.
Our legal system requires that every party in a court case:
It is a matter of fairness that both parties know what each other is filing with the court and has the chance to respond when the court rules allow.
Yes. You almost always have to give the opposing party (or their lawyer if have one) a copy of EVERY document you file with the court.
There are very few exceptions. If you are asking for an ex parte protective order for domestic violence, stalking or sexual assault, you can file a petition with the court without serving the opposing party. However, if you are granted an ex parte protective order, the court will send the opposing party a copy of the order and notice of a hearing if one is set. If you file any other documents in a protective order case, the police or state troopers will serve the opposing party. You never have to serve them yourself.
| If the opposing party is: | Serve: | Special Notes |
|---|---|---|
| an adult representing themselves | the opposing party | |
| an adult with a lawyer | their lawyer | Do NOT also send copies to the opposing party, just send to their lawyer. |
| A minor under age 18 | both the minor AND their parent or legal guardian | |
| incompetent | both the incompetent person AND
|
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| deceased | the court-appointed personal representative for the estate, and name that person as the defendant on the complaint and summons | For example, serve Mary Smith, Personal Representative of the Estate of John Smith, deceased. |
Serve the summons, complaint and all other required documents immediately after filing with the court. If you don't serve the opposing party within 120 days of filing, your case will be closed.
For all other documents, serve the opposing party either right before you file with the court or immediately after filing. Make sure the opposing party has notice of whatever you file in a timely manner so that they can respond.
If he or she is represented by a lawyer, serve all documents at the lawyer's office or to the lawyer's mailing address. Do not send copies to the opposing party if he or she is represented.
If the opposing party is representing themselves, serve at their home address.
Yes. There are different requirements for serving the summons and complaint, for serving all other documents in the case, and for serving motions for expedited consideration.
To serve the summons and complaint, you must either serve by:
You CANNOT serve the summons and complaint by hand delivery or first class US mail.
Certified Mail
Serving by certified mail is the less expensive option to serve the complaint, summons and other required documents to start your case. Make sure you also pay for restricted delivery and return receipt so that only the defendant signs for the mail and you get the green card sent back to you when the defendant gets the documents. You must save the green card to show you served the opposing party. You can read how to prepare the envelope and the certified mail postal forms in How to Serve a Summons, CIV 106
.
Process Server
Hiring a process server is more expensive (can cost up to $65 in Alaska) than certified mail but sometimes is a better option if the defendant refuses to sign for the certified mail. You can find a statewide list of authorized process servers on the Alaska Court Systems website. This list is revised periodically so make sure you use a current list. For process servers outside of Alaska, you need to look at telephone book Yellow Pages for the area where the opposing party lives, contact the local court in the area, or do Internet research.
It is up to you to choose a process server and arrange to pay for their services. If you hire a process server, you will fill out the form Service Instructions, CIV 615 and give to the process server along with the copies to be served. After the process server completes service, you will receive a Proof of Service form. If you are hiring a process service outside of Alaska, provide them with the Return of Service, SHC 193 Word | PDF which they will send back to you after the documents are served. Save the Proof of Service or Return of Service form to prove you served the defendant. You can read more about serving with a process server in How to Serve a Summons, CIV 106
.
You can serve most documents in your case (except the summons and complaint) by first class US mail or hand delivery. This means you can serve answers, regular motions and oppositions by first class US mail or hand delivery. You can also serve by a process server, but this is unnecessary and a lot more expensive. If the opposing party has a domestic violence protective order against you, make sure you do not violate the order by serving with hand delivery. If you have questions about how to serve someone when there is a protective order in place, please call the Helpline.
If you sent your complaint to the court by mail, you have to wait until the court mails you back a summons and the domestic relations procedural order. Once you get these documents, find your case number on the summons and write it on the complaint. Serve the defendant with:
There are special requirements to serve a complaint and summons.
If you are mailing other documents like answers, motions, oppositions to the court, you can serve the opposing party at the same time you mail the documents. Just make sure you fill out the certificate of service on the original filing that states when and how you served the other party.
There are different service requirements if you are filing a Motion for Expedited Consideration along with a regular motion, asking the court to consider your motion on a faster time line because there is an emergency situation. Your Motion for Expedited Consideration must include information that you served the opposing party, stating:
The court may not grant the motion for expedited consideration before giving the opposing party a reasonable opportunity to respond, either in person, by telephone or in writing. So you usually need to find a way to let the opposing party know about the expedited motion - by hand delivery, fax, or calling.
The same rules for serving someone in Alaska apply. If you are starting a case, serve the defendant with the summons, complaint and other required documents by certified mail/return receipt/restricted delivery OR process server. To serve any other documents in the case (the answer, motions, oppositions, etc.), you can serve by first class US mail or hand delivery. You can also serve by a process server, but this is unnecessary and a lot more expensive.
Serving your spouse in a foreign country has special requirements. Please read our information on how to serve someone in a foreign country.
If your spouse is in the military and on active duty, he or she is covered
by the Servicemembers Civil Relief Act, Public
Law 108-189.
This means that you cannot default an active duty soldier in a divorce or custody case for not answering a complaint.
Congress passed this law to protect military service members from worrying about civil court actions while they are on active duty. Service members may postpone or suspend certain civil obligations so they can devote full attention to duty. There are numerous protections and if this act might apply in your case, you are urged to contact your legal assistance office to learn more.
If the defendant is in an Alaska prison, there is a special way to serve him or her depending on what you are filing.
To serve the summons, complaint and other documents:
, (filled out through paragraph c) The shift supervisor should deliver the documents to the defendant and fill out the Affidavit of Proof of Service at Jail Facility, CIV 140, and sign in front of a notary and send it back to you. Keep the Affidavit of Proof of Service to show you served the defendant.
To serve all other documents (the answer, motions, oppositions, etc.), send by first class US mail to the opposing party at the prison’s mailing address.
The method you use to serve depends on what court order you want to modify.
If you are filing a motion to modify custody or support from an order issued by an Alaska court, you serve the opposing party by first class US mail or hand delivery.
If you are filing a motion to modify custody or support from an order that has been registered in the Alaska court because the original decision was issued by a court outside Alaska, there are different requirements to serve motions to modify registered orders.
To modify a registered child support order, send a copy of the modification papers to the other party by regular first class mail.
To modify a registered child custody order, send a copy of the modification papers to the other party by:
To modify both a registered child support order and a registered child custody order, send a copy of the modification papers to the other party by:
The Civil Rules require that you serve the opposing party at their last known address which is usually the address they put in the court file. It is very important to change your address in the court file if you move. Otherwise, the opposing party and the court may send documents to your old address and you won't know what is going on in your case. To let the court know you have moved or changed your telephone number, file a Notice of Change of Mailing Address/Telephone Number, TF 955 .
You must provide the court and opposing party with an address where you will receive mail and a message phone to reach you if necessary in the case. You do not have to give the opposing party your actual address and phone number if you have safety concerns. You have to ask the court permission to keep your actual contact information confidential. There are different forms depending on what type of case you have.
Cases with child custody issues
If you have child custody issues in your case, you are required to file a Child Custody Jurisdiction Affidavit, DR-150 [Fill-in PDF] and provide the children's addresses for the last five years. If you don't want the opposing party to know the information in the Affidavit, you can file a Direction to Seal Affidavit, DR-151. You will have to serve the opposing party with the Direction to Seal Affidavit, but NOT the Child Custody Jurisdiction Affidavit. The judge will decide whether the Child Custody Jurisdiction Affidavit and the children's addresses are sealed from the opposing party and publics view. Remember don't put your actual contact information on the complaint, answer or any other documents you file if you don't want the opposing party to have it.
Cases without child custody issues
With your complaint or answer, you can file an ex parte motion with the court, asking to place your actual address and phone number in a confidential folder. don't serve the opposing party with the ex parte motion. Contact the Family Law Self-Help Center or an attorney for information about filing an ex parte motion. Remember don't put your actual contact information on the complaint, answer or any other documents you file if you don't want the opposing party to have it.
Yes. You must tell the judge in writing how and when you gave a copy to the other side. This is called a certificate of service (or a proof of service for the summons and complaint). The certificate of service can be found at the end of forms that you get from the Family Law Self-Help Center (view an example ).
You can also use a separate certificate of service form, Certificate of Service, SHC-1620 Word | PDF, and file it with the court when you file the documents. View a sample certificate of service .
Make sure you fill out all of the information on the certificate of service. Write in:
There are 2 ways to provide a certificate of service.
1. Many forms have certificate of service sections at the end of them. You can fill this section out.
2. If the form or filing doesn't include a certificate of service section, you can file a separate certificate of service form:
Make sure you fill out all of the information on the certificate of service. Write in:
If you don’t complete all of the information, the court may reject your filing and your case will not move forward until you file a certificate of service.
If you don't file any certificate of service or file an incomplete certificate of service, the court clerk will likely reject the document. You'll receive a deficiency notice telling you to serve the opposing party and file a certificate of service. If the clerk accidentally accepts the document for filing but there is no certificate of service, the judge will not read your documents until you serve the other side. Not filing a certificate of service will slow your case down.
You must try hard to find the opposing party to serve the documents that start a case. This is called diligent inquiry. The judge will require you to do everything you can to find him or her to serve with your documents. If you are having trouble locating the opposing party, please read Tips on Locating People which gives many ideas on how to find someone. You will need to try most of these things before the court will allow your case to move forward.
After you have completed your diligent inquiry and you still can't find the opposing party, you must file a request with the court asking for permission to serve the opposing party by posting to the court’s legal notice website or by another method that you think will notify the opposing party about the case, and submit an affidavit to the court explaining how and where you looked.
Read about the alternative service process.
If you tried to serve the documents by certified mail/restricted delivery/return receipt AND hired a process server, but the opposing party avoided service, you can ask the court to do alternate service.
Service of legal papers about the domestic violence case is permitted through the court clerk’s office only. Service of legal papers by the respondent about any other case involving the parties is permitted through a process server while the domestic violence order is in effect. If the respondent cannot afford a process server or there are no process servers in the area, the respondent may ask the court to modify the domestic violence order to permit service of legal papers using a different method.by filing:
Wait until you get an order from the court stating how you may serve the opposing party before you serve the papers.
Call the Helpline to talk about your options for serving someone in this situation.
| Rev. 8 May 2018 © Alaska Court System www.courts.alaska.gov |
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