If you are a process server or a law firm, you may already know that providing proper proof of service is essential when serving legal documents in Florida. Proper proof of service can protect you and your clients from unnecessary legal complications and ensure that the legal process proceeds smoothly. Here’s a quick guide on how to provide proper proof of service for process served in Florida.
Step 1: Understand the Rules
First and foremost, you need to understand the rules regarding proof of service in Florida. In Florida, the rules for serving process are governed by Chapter 48 of the Florida Rules of Civil Procedure (FRCP). The FRCP gives each county or judicial circuit in the state leeway to create their own proof of service forms. Here in Ocala, which is part of Florida’s 5th Judicial Circuit, the template designed by the judicial circuit to use for proof of service can be found here and must be notarized to be valid.
Step 2: Document the Service
Once you have served the legal documents, it’s crucial to document the service. The proof of service document must be completed and signed by the person who served the documents. If you are a process server, you must ensure that your proof of service document complies with the requirements set out by the authority over process servers in the area where you work. Proof of service forms typically contain, at a minimum:
- The case name and number
- The name of the person who was served
- The date and time of service
- The method of service (personal, substituted, or by mail)
- A description of the documents served
- The name and signature of the person who served the documents
Step 3: File the Proof of Service
Once the proof of service document has been completed, it must be filed with the court. In Florida, the proof of service document must be filed within five days of service, unless otherwise directed by the court. If the proof of service document is not filed within the required time frame, the service is still considered valid.
Step 4: Keep Accurate Records
Finally, it’s essential to keep accurate records of the service of the legal documents. This includes maintaining a copy of the proof of service document, as well as any other relevant documents, such as receipts for mailing or delivery. Keeping accurate records can protect you and your clients in case there are any questions or disputes regarding the service of the documents.
Ocala’s Premier Process Service Agency
Here at Accurate Serve® in Ocala, Clermont, Inverness, Spring Hill, and The Villages, we know all Florida’s rules about proper proof of service. That means we’ll never leave your case in limbo with a missing proof of service affidavit. If you’re ready to start working with the best process service agency in north central Florida, call us at 352-278-2188, email jared@accurateserveocala.com, or send us a work request online.
