CLPS Documentation 2 — Questions and Answers
Question 1: When a process server is unable to locate the defendant at the address provided, what should be documented in the affidavit of non-service?
- Only the date of the final attempt
- The number of attempts, dates, times, and observations at each visit (Correct answer)
- A statement that the defendant is evading service
- The plaintiff's attorney's instructions for the next step
Correct answer: The number of attempts, dates, times, and observations at each visit
An affidavit of non-service must detail every attempt, including dates, times, and relevant observations to establish due diligence.
Question 2: Which document serves as the primary proof that legal process was properly delivered to the defendant?
- The original summons
- The affidavit of service (return of service) (Correct answer)
- The server's personal log
- The court's filing receipt
Correct answer: The affidavit of service (return of service)
The affidavit of service, also called the return of service, is the sworn legal document that proves service was completed.
Question 3: A process server completes substitute service on a co-resident. What additional step is typically required for documentation purposes?
- Filing a motion with the court immediately
- Mailing a copy of the documents to the defendant and noting it in the affidavit (Correct answer)
- Obtaining a signature from the co-resident on the affidavit
- Requesting judicial approval before filing
Correct answer: Mailing a copy of the documents to the defendant and noting it in the affidavit
Most jurisdictions require that after substitute service, a copy be mailed to the defendant, and this mailing must be documented in the affidavit.
Question 4: What is the significance of recording the GPS coordinates or precise address at the time of service?
- It replaces the need for a written description of the location
- It provides verifiable, objective evidence of where service occurred (Correct answer)
- It is required only for federal court documents
- It eliminates the need for witness signatures
Correct answer: It provides verifiable, objective evidence of where service occurred
GPS coordinates provide objective, verifiable evidence of the service location that can be used to counter challenges to the validity of service.
Question 5: When documenting the description of the person served in an affidavit, which details are most important to include?
- Their social security number and date of birth
- Approximate age, gender, race, height, weight, and hair color (Correct answer)
- Their relationship to the named defendant only
- The color of clothing they were wearing exclusively
Correct answer: Approximate age, gender, race, height, weight, and hair color
Physical descriptors such as approximate age, gender, race, height, weight, and hair color help identify the individual who accepted service.
Question 6: How should a process server handle a situation where the recipient refuses to sign an acknowledgment of service?
- Service is void and must be attempted again
- The server should leave the documents and note the refusal in the affidavit (Correct answer)
- The server must obtain a police escort before re-serving
- The server must immediately notify the court clerk by phone
Correct answer: The server should leave the documents and note the refusal in the affidavit
In most jurisdictions, a recipient's signature is not required; the server leaves the documents and documents the refusal in the affidavit.
Question 7: Which best describes the purpose of a 'military service affidavit' in the documentation of legal process?
- To request expedited service for active duty personnel
- To comply with the Servicemembers Civil Relief Act by disclosing the defendant's military status (Correct answer)
- To serve documents on a military base
- To document service at a U.S. Embassy abroad
Correct answer: To comply with the Servicemembers Civil Relief Act by disclosing the defendant's military status
The Servicemembers Civil Relief Act requires plaintiffs to investigate a defendant's military status before obtaining a default judgment, documented via a military affidavit.
CLPS Documentation 2
When a process server is unable to locate the defendant at the address provided, what should be documented in the affidavit of non-service?