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Serving court documents accurately and properly is one of the most important steps in the judicial process. In Arkansas, there are specific rules and regulations that must be followed in order to ensure that the process is done correctly. In this guide, we will discuss the steps required to properly serve court documents in Arkansas. We will cover topics such as who is responsible for serving court documents, how to serve court documents, and how to file a return of service. By following these instructions, you can ensure that your court documents are served accurately and properly in Arkansas.
Who is Responsible for Serving Court Documents in Arkansas?
In Arkansas, the person that files the legal documents is responsible for serving court documents. However, the person who is being sued is responsible for accepting the documents. Additionally, if the court documents must be served on a minor, then the parent or guardian must serve the documents. Likewise, if the court documents must be served on an mentally incapacitated person, then the person or organization who has been appointed as the guardian of that person must serve the documents.
How to Serve Court Documents in Arkansas
When serving court documents in Arkansas, you will need to select a method of service that is consistent with the type of documents that you are serving and the rules of civil procedure. Arkansas law provides for five permissible ways to serve court documents: Personal Service : The most common method of service. You will hand-deliver the court documents to the person who is being sued. Certified Mail : If the person who is being sued does not respond, you can use certified mail to get the documents back unopened. Nail and Mail : If the person who is being sued has a postal box, then you can use the nail and mail method to put the documents in the box. Service by Publication : You can use publication service when you want to find out if someone who is not residing in the state will be available to respond to the court documents. Substituted Service : This method of service should only be used as a last resort when the person who is being sued cannot be located or served in any other manner.
Where to Serve Court Documents in Arkansas
The rules of civil procedure in Arkansas dictate where the person who is being sued must be served with the court documents. As a general rule, the person who is being sued must be personally served with the court documents. However, if the person cannot be found, then service by publication is permitted. There are some exceptions to the general rule where service by publication is permitted for specific individuals. The following individuals must be served by publication: Minors : When a minor is involved in a suit, that minor must be served by publication. Incapacitated Persons : If the suit involves an incapacitated person, the suit must be published in the newspaper in the county where the incapacitated person resides.
Who Can Serve Court Documents in Arkansas?
The rules of civil procedure in Arkansas allow almost anyone to serve court documents. However, there are some guidelines that must be followed when serving court documents to ensure that they are served correctly. The first thing to keep in mind is that the person who is serving court documents must sign the document and write their address on the document. It is important to note that the person who is serving the documents is solely responsible for serving the documents correctly. If the documents are not served correctly, then the person who is being sued does not have to accept them.
What is the Time Limit to Serve Court Documents in Arkansas?
The rules of civil procedure in Arkansas provide for a time limit for serving court documents. The time limit for service of court documents is 30 days after filing the lawsuit. If the court documents are not served within the 30-day period, then the court will dismiss the suit.
How to File a Return of Service in Arkansas
In Arkansas, the court rules of civil procedure require that the person who is serving court documents file a return of service. The return of service must be filed before or at the same time that you file your reply to the complaint. The return of service must provide the court with the following information: The name of the court The title of the case The name of the person who was served The date and manner of service Any additional information requested by the court
Tips for Serving Court Documents in Arkansas
When serving court documents in Arkansas, you should follow these tips to ensure that you serve them correctly: Always make sure you have the correct address for the person who is being sued. If you have the correct address, then you are less likely to serve the court documents incorrectly. If you are serving court documents on a minor or an incapacitated person, then you may need to serve multiple people. For example, if you are serving court documents on a minor who lives with a parent, then you must serve both the minor and the parent. If you are serving court documents on a corporation, then you must make sure that the correct name and title are on the documents. You must also make sure that the correct address is on the documents.
Consequences of Improperly Serving Court Documents in Arkansas
If the person who is being sued shows up to court and they were not served with the court documents, then the case will be dismissed. The court may also impose a penalty on you for improperly serving the court documents. The penalties may include a fine or a contempt of court charge. Additionally, if you were improperly serving a police officer, then you could be charged with a misdemeanor.
Helpful Resources for Process Servers and Skip Tracers in Arkansas
Phone: (877) 524-3030
Process Server One https://processserverone.com/
Phone: (855) 545-1303
Office: 400 West Capitol Ave, Suite 1700, Little Rock, AR 72201