State Requirements
State Rules & Requirements
Process serving rules vary significantly by jurisdiction. While federal courts are governed by FRCP Rule 4, each state maintains its own procedural rules covering who may serve process, permissible methods, time limits, and proof of service requirements.
How to use this reference
This reference covers the key variables that differ across state jurisdictions. For each state, the critical questions are: (1) who is authorized to serve process; (2) what methods are permitted; (3) what time limits apply; and (4) what must appear in the proof of service.
State rules are subject to legislative amendment and court rule revision. Always verify current requirements against the applicable state code and court rules before relying on this reference in active litigation.
Key variables
What differs by jurisdiction
Who May Serve Process
Some states restrict service to licensed or registered process servers, sheriffs, or constables. Others follow the federal baseline — any person 18 or older who is not a party. California, Florida, Illinois, Nevada, and several other states require registration or licensure.
Permissible Methods
All states permit personal service. Most permit substituted service after failed personal service attempts. Service by certified mail is permitted as a primary or alternative method in many states. Electronic service rules vary widely and often require court authorization or defendant consent.
Time Limits for Service
Under FRCP Rule 4(m), service in federal court must be completed within 90 days of filing. State deadlines vary: California requires service within 60 days for the statute of limitations to be preserved; New York requires service within 120 days of filing; Texas requires service within the limitations period.
Proof of Service Requirements
All jurisdictions require a proof of service documenting the date, time, location, and manner of service. Some states require the proof to be notarized or sworn under penalty of perjury. The required form varies — some states mandate a specific court form; others accept any written affidavit meeting statutory requirements.
State highlights
Notable state-specific rules
- Process servers must register with the county clerk in the county where they primarily work (Bus. & Prof. Code § 22350)
- Substituted service requires three prior attempts at personal service on different days and times
- Service by mail requires the defendant's acknowledgment — without it, service is not complete
- Proof of service must be filed within 60 days of the complaint to preserve the statute of limitations
- Service must be completed within 120 days of filing (CPLR § 306-b)
- "Nail and mail" service (affixing to door and mailing) requires prior due diligence attempts
- Process servers in New York City must be licensed by the NYC Department of Consumer and Worker Protection
- Proof of service must be filed within 20 days of service; failure to file does not invalidate service but may result in sanctions
- Service may be made by a sheriff, constable, or any person authorized by court order (TRCP Rule 103)
- Certified mail service is permitted; the return receipt must be signed by the defendant or an authorized agent
- No state-level licensing requirement for private process servers, but court authorization is required
- Service must be completed within the applicable statute of limitations period to toll limitations
- Process servers must be certified by the sheriff's office in the county where they serve (§ 48.021, Fla. Stat.)
- Service on individuals may be made at any location where the defendant is found
- Substitute service on a spouse at the defendant's residence is permitted
- Electronic service is permitted for represented parties through the Florida Courts E-Filing Portal
- Private process servers must be licensed by the Illinois Department of Financial and Professional Regulation
- Service by certified mail is permitted for defendants outside Illinois
- Abode service requires leaving copies with a family member 13 years of age or older
- Proof of service must be filed within 12 days of service (735 ILCS 5/2-203)
- Governed by FRCP Rule 4; service must be completed within 90 days of filing (Rule 4(m))
- Any person 18+ who is not a party may serve process — no license required
- Waiver of service by mail is available; defendant has 30 days to return waiver (60 days if outside the U.S.)
- Service on foreign defendants governed by Rule 4(f); Hague Convention applies where applicable
Important notice
This reference is provided for informational purposes only and does not constitute legal advice. State procedural rules are subject to amendment. Attorneys should verify current requirements against the applicable state code, court rules, and local rules before relying on this information in active litigation.