CLPS Ethics and Laws 5 — Questions and Answers
Question 1: A process server completes service and is later told by the hiring attorney to alter the time on the proof of service. The server should:
- Make the change since the attorney is the client
- Refuse, as altering a sworn affidavit constitutes fraud and perjury (Correct answer)
- Make the change only if it does not affect jurisdiction
- Consult another process server before deciding
Correct answer: Refuse, as altering a sworn affidavit constitutes fraud and perjury
Altering a sworn affidavit at anyone's request is fraud and perjury; the server must refuse regardless of who requests the change.
Question 2: Under the Americans with Disabilities Act, how must a process server approach service on a person with a hearing impairment?
- Attempt service by written note or alternative communication and document the method (Correct answer)
- Skip service and notify the court of the disability
- Use a police escort to facilitate service
- Serve the guardian regardless of the person's legal capacity
Correct answer: Attempt service by written note or alternative communication and document the method
The ADA requires reasonable accommodations; a server should use written notes or another effective communication method and fully document the attempt.
Question 3: Which principle governs the confidentiality of information a process server obtains while locating a defendant?
- Any information gathered can be freely shared with third parties
- Information obtained in the course of service is confidential and should only be disclosed as needed for the case (Correct answer)
- Confidentiality only applies to criminal matters
- The hiring attorney owns all information and may distribute it freely
Correct answer: Information obtained in the course of service is confidential and should only be disclosed as needed for the case
Information gathered during skip tracing or service attempts is confidential and must not be shared beyond what is necessary to complete the service assignment.
Question 4: A process server serves an active-duty military member. Which federal law may affect the proceedings after service?
- The Uniformed Services Employment and Reemployment Rights Act (USERRA)
- The Servicemembers Civil Relief Act (SCRA) (Correct answer)
- The Military Extraterritorial Jurisdiction Act (MEJA)
- The Armed Forces Discipline Act
Correct answer: The Servicemembers Civil Relief Act (SCRA)
The SCRA allows courts to stay civil proceedings against active-duty military members and the server should note the military status on the return of service.
Question 5: A process server who holds a state license must typically renew that license and complete continuing education to:
- Increase their allowable service fee schedule
- Maintain competency and stay current with changes in laws and ethics (Correct answer)
- Qualify to serve in federal court exclusively
- Remove the requirement to carry liability insurance
Correct answer: Maintain competency and stay current with changes in laws and ethics
Continuing education requirements ensure licensed process servers remain current with evolving statutes, court rules, and professional ethics standards.
Question 6: Which scenario describes an ethical use of skip tracing by a process server?
- Accessing a defendant's bank records without authorization to find their address
- Using publicly available databases and court records to locate a defendant's current address (Correct answer)
- Paying a postal worker for forwarding address information
- Obtaining phone records through social engineering
Correct answer: Using publicly available databases and court records to locate a defendant's current address
Ethical skip tracing relies on lawful, publicly accessible sources; accessing private records without authorization violates privacy laws and professional ethics.
Question 7: If a defendant is served at the wrong address due to a clerical error by the hiring attorney, responsibility for defective service most likely falls on:
- The process server exclusively
- The hiring attorney who provided the incorrect information (Correct answer)
- The court clerk who accepted the filing
- Both the server and defendant equally
Correct answer: The hiring attorney who provided the incorrect information
When the attorney supplies an incorrect address, the resulting defective service is attributable to the attorney, provided the server served exactly as instructed and documented the service properly.
CLPS Ethics and Laws 5
A process server completes service and is later told by the hiring attorney to alter the time on the proof of service.
The server should: