If you've ever had a folder of court filings show up unexpectedly as process service, you know it can be a somewhat upsetting and intimidating experience. An unusual person might arrive at your house, job, or even the gym parking lot to hand you court filings. These court filings can come in many forms, related to both civil and criminal issues. They can can arrive without your expecting them, can be something you forgot, or can be expected, as in some cases of litigation, criminal charges or divorce.
We are interested in explaining some of the types of court filings you can be handed in a little more detail in our hopes of easing your concerns.
States have different rules for who can serve process, but it's best if the opposing party has hired a professional like those at experienced divorce attorney Spanish Fork UT to do the job. These people will understand all the legal rules and ramifications, particularly about things like stalking and trespassing, so they can ensure that both the rights of the recipient and the responsibilities of the plaintiff or prosecutor are attended to.
Let's take a look at the general kinds of court filings you could get from a process server:
Summons: Whether civil or criminal, a summons is a call for you to show up before a judge or administrative court. These should always state a specific date and time to appear. If you don't , you can either be charged with contempt of court or can lose the civil case as a "non-responsive party".
Subpoenas: These aren't complaints or pleadings, like other process serving documents, and usually have to be sent by a court clerk. They are a kind of summons, but they require you to appear as a witness, require you to present documents or require you to attend a deposition with an attorney. These are often sent between lawyers rather than to you personally, but not appearing can mean contempt charges or a loss of your case.
Small Claims Summons: Process serving documents related to small personal disputes generally come from small claims courtas the first notice of the lawsuit. These generally require you to start working with the creditor right away or go see a judge. If you don't, you will likely have a judgment entered against you on your credit report.
Petitions: This kind legal filing starts a lawsuit, but asks for something other than money such as a Writ of Mandamus (an order to do or forebear from doing something) or Habeus Corpus (a request for an arrested person to hear the charges against them These can also be handed out in lawsuits such as those in family law.
Indictments: These criminal filings are served after a grand jury , which meets without a judge, gathers to consider a felony case. A grand jury, like a regular jury, is made up of fellow voters but the proceedings are kept confidential, even from the defendant. This special group decides whether the prosecutor has enough evidence to charge you with a felony. Without grand jury approval to go forward, the most serious crimes, such a murders, cannot be argued before a judge. Indictments will be given to you or your attorney.
Complaints: A complaint is a kind of legal document, usually civil, and is the first kind of legal document filed in a lawsuit. If you are served with one of these, it means you are the defendant in a lawsuit. There can also be criminal complaints, which are more serious than citations but often less sever than indictments.
Civil Summons: This is a type of filing in a civil case that includes a specific time when you should show up at court. It is separate from a simple document informing you of the case. These can be given by a constable in many kinds of civil cases, including family law ones.
Citation: These specific summons are handed out, generally, by police officers, so aren't technically known as process serving. Common citations, including traffic tickets, generally require that you show up in court or pay fines by a future date. Accepting one of these is not saying you're guilty but, rather, a pledge that you will show up. Failure to do so can mean immediate findings of wrongdoing and growing fines and court fees.
Administrative Summons: These are sent by the IRS and are for the purpose of ensuring that everyone gives their fair share according to the tax laws. These documents require the person being served appear before a federal tax examiner and provide verifying documents. This is set aside as the final step in an IRS investigation.
The U.S. Constitution, like the founding documents of many other governments around the globe, protect citizens by guaranteeing due process. That means everyone is entitled to a chance to make their case. Professional process service is a very important part of this civil right and, when done properly, can make the ordeal easier for everyone.