How To Serve A Summons In A Civil Lawsuit {CIV-106}

CIV-106 (1/18) HOW TO SERVE A SUMMONS HOW TO SERVE A SUMMONS IN A CIVIL LAWSUIT Do NOT use these instructions in Small Claims or Eviction Cases. JANUARY 2018 ALASKA COURT SYSTEM American LegalNet, Inc. www.FormsWorkFlow.com CIV-106 (1/18)(inside cover) HOW TO SERVE A SUMMONS Contents 1. Personal Service by Process Server 1 2. Service by Certified Mail 3 3. Service by Posting or Other Alternative Service 6 4. Civil Rule 4(f) Affidavit 12 5. What If? 14 Appendices: A. Who Must Be Served 15 B. How to Address the Summons 19 251Copyright 2001, 2002, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2014, 2017, and 2018 Alaska Court System All rights reserved. Permission to reproduce the contents of this booklet, but not for profit, is hereby granted to governmental and educational institutions. However, reproduction of any part of this booklet for commercial purposes without the express written permission of the Alaska Court System is strictly prohibited. American LegalNet, Inc. www.FormsWorkFlow.com CIV-106 (1/18) HOW TO SERVE A SUMMONS 1 WHAT IS A SUMMONS? A summons is a court order that notifies a defendant that a lawsuit has been filed against him or her and that the defendant must file an answer within a specified number of days. The procedure for issuing and serving a summons is governed by Civil Rule 4. When a lawsuit is filed, the clerk of court must issue a summons to each defendant named in the complaint. You can download and fill out the CIV-100, Summons and Notice to Both Parties of Judicial Assignment here: http://www.courts.alaska.gov/ forms/index.htm#civ . You may have to pay the court to make copies of this form after the clerk signs it. The plaintiff the complaint. The defendants must be served within 120 days from the date the complaint is filed. 1 The plaintiff is also required to file a Civil Rule 4(f) Affidavit identifying the parties who have been served and any parties who have not been served. Both plaintiffs and defendants must keep the court and all other parties informed of any changes in their mailing addresses and telephone numbers. given to the defendant by a process server, certified mail or in another way allowed by Civil Rule 4. These methods of services are explained below. See page 14 for information about how to serve a defendant who is outside this state. 1. PERSONAL SERVICE BY PROCESS SERVER A is a person licensed by the State of Alaska to serve means court orders such as summonses, writs of execution, and other types of documents required to be served by personal service. If you want to use a process server, you must: a. Choose a process server. The court clerk will have a list of process servers in your area. You can also find a list of licensed process servers on the following Alaska State Trooper website: www.dps.state.ak.us/Statewide/PermitsLicensing/ then cCivilian Many parts of the state do not have process servers. In those areas, "process" is served by peace officers (usually by State Troopers). 1 Civil Rule 4(f) American LegalNet, Inc. www.FormsWorkFlow.com CIV-106 (1/18) HOW TO SERVE A SUMMONS 2 If the process server is not in your community, you must give the court an envelope addressed to the process server with sufficient postage so the clerk can mail the documents to the process server. b. Contact the process server to determine the service fee. Pay the fee directly to the process server unless the process server is not in your community. In that case, make your check payable to the process server but give it to the clerk to mail with the summons. Fees are set by the individual process server. However, the maximum amount you may recover as costs from the defendant is governed by Administrative Rule 11. The current amount recoverable is $45.00 for each person on whom service is made plus a minimum of $20.00 for the first 25 miles or portion thereof traveled. Additional amounts may be recovered for extra mileage or extra time spent serving the documents. c. Fill out Service Instructions. Use either the process server's form or court form CIV-615, Service Instructions. Explain in the Service Instructions what papers are to be served and where they are to be served. d. Give the process server the following: (1) Service Instructions (2) The service fee (3) The summons (4) A copy of the complaint e. Proof of Service. When service is completed, the process server must give 2 It is a notarized document that states who was served with the summons and complaint and when and how they were served. If you have any questions about the service, contact your process server. IMPORTANT: You do not need to file the Return of Service with the court at this time. Be sure to keep this document safe because you will need to file it with the court if the defendant does not respond to the summons. f. Once service is completed, read Section 4 on page 12 for instructions on how to prepare the required Civil Rule 4(f) Affidavit. 2 Civil Rule 4(f) American LegalNet, Inc. www.FormsWorkFlow.com CIV-106 (1/18) HOW TO SERVE A SUMMONS 3 2. SERVICE BY CERTIFIED MAIL 3 Service by certified mail must a. Prepare Envelope. See example on page 4 . (1) Address the envelope to the defendant. (2) Put your return address in the upper left corner. (3) Put sufficient postage on the envelope to mail it by certified mail, restricted delivery, return receipt requested. b. Prepare Certified Mail Postal Forms. See examples on pages 4 and 5 . (1) Fill out a Certified Mail Receipt. Be sure to include the total postage amount. (2) Attach the sticker portion next to the return address at the top of to the Post Office. The post office clerk will give you the receipt. Keep the receipt for your records. (3) Beneath the certified mail sticker on the envelope, write "Return Receipt Requested, Restricted Delivery." (4) Fill out a green postal receipt card. Front: Fill in your name and address so the card will be returned to you. Write the case number in the lower left corner. Back: In the "Article Addressed To" box, fill in the name and address of the defendant, write "Restricted Delivery," and write the total amount of postage and fees. In the "Article Number" box, write the certified mail number. In the "Service Type" box, check "Certified Mail." (5) Attach the green card to the front of the envelope or on the back if space does not permit it to be attached to the front. c. Proof of Service The green postal card will be returned to you when the defendant has been served. IMPORTANT: You do not need to file the green postal card with the court at this time. Be sure to keep this document safe because you will need to file it with the court if the defendant does not respond to the summons. d. Once service is completed, read Section 4 on page 12 for instructions on how to prepare the required Civil Rule 4(f) Affidavit. 3 Civil Rule 4(h) American LegalNet, Inc. www.FormsWorkFlow.com CIV-106 (1/18) HOW TO SERVE A SUMMONS 4 The Post Office or www.usps.gov can provide these amounts . responsibility to verify the amount of postage required for mailing. American LegalNet, Inc. www.FormsWorkFlow.com CIV-106 (1/18) HOW TO SERVE A SUMMONS 5 American LegalNet, Inc. www.FormsWorkFlow.com CIV-106 (1/18) HOW TO SERVE A SUMMONS 6 3. SERVICE BY POSTING OR OTHER ALTERNATIVE SERVICE You can ask the court for permission to serve the defendant by posting on the or other alternative service if you are unable to locate the defendant. Before asking the court for permission to serve the defendant by posting or other alternative service, you must show what attempts you have made to locate the defendant. You are expected to exhaust all reasonable attempts to locate the defendant. Unless otherwise ordered by the court, you must include a reasonable effort to search the internet for the whereabouts of the absent party. Examples of attempts you should make to locate the defendant include, but are not limited to, the following: last known address or workplace. Contact any known relatives or friends of defendant. Check phone directories and city directories in all cities where you think defendant may live. Contact the municipal (city) tax department in all cities where you think defendant