Paralegals have a weighty responsibility to make sure the correct legal documents are served accurately and within the required time limit for each case they manage. If process isn’t served correctly, attorneys could face fines and sanctions, or the case could be dismissed entirely. To avoid these consequences, you need to maintain control of a process that requires coordination and timely execution across teams.
Three legal experts gave us their tips for avoiding common mistakes in each stage of the process of service workflow, from case intake to proof of service.
Mistake #1: Missed service of process deadlines
The case initiation period sets the schedule for the rest of the case, so a missed deadline at this stage can lead to delays later on. The most important deadline is, of course, the Statute of Limitations, which, if missed, makes it impossible to move forward with the case.
“If you miss the SOL, you’re SOL,” says Kristine Custodio Suero, a senior paralegal, legal consultant and educator.
You must be constantly aware of the timeline to make sure the case isn’t compromised by something as simple as a missed service deadline. A typical deadline for service of process is 90 days, but local jurisdictions can have their own deadlines that you need to be aware of. And some practice areas, like landlord-tenant law, have especially short deadlines for process serving.
“If we miss those deadlines even by a couple hours, it can be problematic for our client,” says Kelli Rodnathy, a paralegal, legal researcher and educator with experience in landlord-tenant law.
As the paralegal assigned to the case, consider yourself a project manager, assuming the responsibility to maintain awareness of all critical deadlines and communicate them to your team.
“Whatever you're using—if there is law practice management software, if you are utilizing some sort of calendaring system—share it with the rest of your team members, including your managing or supervising attorney,” says Suero.
Mistake #2: Service of process delays
Staying ahead of the process serving deadline leaves time on the schedule to weather setbacks your team doesn’t have control over, like a scheduling conflict on the process server’s end.
“Do not delay in getting these documents out for service, or work with your processor to make sure that they have it on their radar as well,” says Marcus Niro, former paralegal and Manager of Business Development at InfoTrack. “They can get an influx of cases at different times, and you do not want a delay. You do not want them to say, ‘I'd love to serve these for you, but I've got 10 other requests.’”
Submit your orders for service as soon as you can, especially during high-travel times of year when process server availability can be limited, or use a tool like InfoTrack that gives you access to a full network of process servers so you can easily find another available server.
Mistake #3: Choosing the wrong type of process service
When scheduling service of process, paralegals must determine what type of service makes sense for the type of case, the recipient and in accordance with local jurisdiction rules. For instance, some jurisdictions may only allow for service by publication after other forms of service have been attempted. Attempting the wrong form of service could create delays or give the other party grounds for dismissal.
While the rest of your team should be aware of all relevant jurisdictional rules, it’s best not to assume, and to communicate with your team and the process server about these rules to ensure compliance. As the paralegal, you can be the last line of defense against errors in the type of service effectuated.
Mistake #4: Choosing the wrong process server
For such an essential step in the initiation of a case, you want to work with a server you can trust and who is aware of the local jurisdiction rules where the documents are going to be served. For that reason, when serving out of state, it might not be possible to work with someone who has successfully served for you in the past.
“A process server might be a professional in Texas, but if they try and serve in California, that is not going to play,” Miro says. “There are completely different requirements there.”
You can search for a new, local process server using Google, or you can use a trusted platform like InfoTrack to access a network of process servers that have demonstrated success for other clients.
“It is a lot to imagine that each process serving agency has these rules memorized inside and out,” Niro says. “What we do as a business is partner with the local, vetted, trusted process serving agencies that know all the local rules. We send it to someone in that area who is not driving 120 miles to go serve a document, but down the street rather.”
Mistake #5: Issuing wrong or incomplete documents
Depending on jurisdiction, there may be additional documents you have to file along with the summons, complaint or other notice. In some jurisdictions, for instance, you may be required to include alternative dispute resolution (ADR) paperwork intended to help alleviate a court backlog by encouraging case resolution without a trial. Again, knowing local jurisdiction rules will help you remain compliant with local law.
“Make sure again to look at your rules and see what your rules require—if there are any additional documents that are required to be served to effectuate that service of process,” Suero says.
Mistake #6: Failing to track service of process attempts or provide proof of service
If your server is unable to reach the recipient through the appropriate type of service—like personal or mail—you might need to move to a different type of service—like publication—to fulfill the service of process requirements. However, depending on your jurisdiction, you could be required to provide proof that service was attempted three times before getting permission to employ an alternate type of service.
"In Nevada, if you can't serve by publication, there's not a mechanism to serve by publication if you have not exhausted all of those other avenues first,” says Rodnathy. “If we didn't track those attempts, we have basically waived the option to go with that method.”
Don’t back yourself into a corner by assuming the process server will automatically file a proof of attempt each time they attempt service, only to discover later on that they did not provide the proof you need. Communicate clearly what proof you need the server to provide, or use a platform like InfoTrack, which offers a real time tracking feature servers can use to log GPS information for each serve or attempt.
That proof of attempt is then sent back to the person who submitted the order, giving them the option to review the proof of service, ensuring accuracy and compliance with paralegal standards, before releasing payment to the server.
Use efficient tools for process serving tasks
InfoTrack makes it easy for paralegals to file and serve court documents without leaving your case management software. You can also track the status of service, receive updates, and reduce errors throughout the case initiation process while providing an audit trail and improving communication about case essentials. Our complete case initiation solution, File Serve File, is the most efficient way to file, serve, and post service verification to state courts in the U.S. within a single tool. Book a demo to see how the right tech can help you serve court documents more efficiently.
To learn more about the dos and don’ts of process serving, watch the replay of our webinar: “Serving It: What Paralegals Need to Know About Process Serving.”
Kristine Custodio Suero, ACP is a Senior Paralegal and Business Development Director at Butterfield Schechter LLP, and adjunct faculty at the University of San Diego School of Law, Paralegal Studies Program.
Kelli Radnothy is a litigation paralegal, legal researcher for the Nevada Attorney General's Office and a course developer and instructor for the University of Washington Paralegal Program.
Marcus Niro is the Manager of Business Development at InfoTrackand a former paralegal with expertise in process of service.
