Rhode Island State Process Server

$169 Routine - $219 Rush

In Rhode Island, the rules for serving legal documents (process serving) are governed by the Rhode Island Rules of Civil Procedure and other applicable laws. Here are the key points for process serving in the state:

1. Who Can Serve Process

Sheriff or Deputy Sheriff: A law enforcement officer, such as a sheriff or deputy sheriff, is authorized to serve legal documents.
Process Server: A licensed professional process server can serve papers.
Any Person Over 18: The individual serving the process must be over the age of 18 and cannot be a party to the case.

2. Types of Service

Personal Service: The legal documents are delivered directly to the person being served. This is the preferred method.
Substitute Service: If the defendant cannot be located personally, service can be made by leaving the documents with a person of suitable age at the defendant’s residence or place of business. In some cases, this may include mailing a copy of the documents.
Service by Mail: Certain documents can be served by mail if the defendant agrees in writing to accept service this way. Otherwise, it’s not the default method for most legal actions.
Service by Publication: In cases where the defendant cannot be located, notice may be published in a local newspaper, generally after a court order permitting it.

3. Methods for Serving Process in Civil Cases

Summons and Complaint: For civil cases, a summons and complaint must be served on the defendant to notify them of the lawsuit.
Time Limit: The defendant must be served within 60 days after the complaint is filed. If service is not completed in this period, the case may be dismissed, unless the court grants an extension.

4. Proof of Service

After serving the process, the server must file a Proof of Service (also known as an affidavit of service) with the court, detailing how, when, and where the service was made.

5. Alternative Service Methods

If traditional service methods are unsuccessful, a party may request the court’s permission to use an alternative method (e.g., service by email or publication). This typically happens if the defendant is evading service or is otherwise difficult to locate.

6. Service in Family Court or Probate Court

The rules for service in family or probate court may differ slightly depending on the nature of the case, but the general requirements for who can serve process and when it must occur are similar.

7. Important Considerations

Substituted Service: Rhode Island allows substituted service on an adult resident of the defendant's household or business. However, this is usually only allowed after the server makes diligent efforts to locate the defendant personally.
Service Outside the State: If the defendant is located out of state, Rhode Island provides specific rules for serving process outside of its borders, such as using the laws of the state where the defendant resides or through certified mail.