Service of Process Guide
After filing a document with the court, you must deliver copies to all other parties. This guide explains who, how, and when.
Service of process is the legal procedure for delivering court documents to the other people involved in your case. It's how you officially notify someone that a legal action has been filed against them β or that you have filed a response in a case they started.
This is a constitutional requirement. The Due Process Clause of the 14th Amendment guarantees that no person shall be deprived of life, liberty, or property without due process of law. The court will not proceed with your case if the other side was not properly notified.
14th AmendmentMullane v. Central Hanover Bank (1950)
In Mullane v. Central Hanover Bank & Trust Co., the Supreme Court held that notice must be "reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action."
Individuals
You must serve the individual person directly, or deliver to a person of suitable age and discretion at their usual home or dwelling place.
Businesses
Serve a registered agent, officer, managing partner, or general agent of the business. You can look up a business's registered agent through your state's Secretary of State website.
Government Entities
Special rules apply. For state government: typically serve the state attorney general. For federal government: serve the U.S. Attorney for the district plus the Attorney General in Washington, D.C. For local government: serve the chief executive officer or the clerk.
Hand-deliver the documents directly to the person being served, or to their attorney. Anyone over 18 who is NOT a party to the case can serve documents.
Proof: Affidavit of Service
Send via USPS Certified Mail, Return Receipt Requested. The recipient must sign for it. If they refuse to sign, you may need to try another method.
Proof: Green return receipt card (keep this!)
Contact your county sheriff's civil process division. They will attempt service and file a return with the court. Pulaski County Sheriff Civil Process: (501) 340-6963.
Proof: Sheriff's return of service
Professional process servers are trained to locate and serve individuals. They will provide a sworn affidavit as proof of service.
Proof: Affidavit of Service
Only available after you've exhausted other methods. You must get court permission first. The notice runs in a local newspaper for a specified number of weeks.
Proof: Publisher's affidavit
Available only when the other party or their attorney has consented to electronic service. Increasingly common in courts with e-filing systems.
Proof: Email confirmation / read receipt
Ready to File?
Use our Filing Wizard for step-by-step guidance on filing your documents with the court.
Start Filing WizardNeed Help?
Center for Arkansas Legal Services: 1-800-950-5817
Legal Aid of Arkansas: 1-800-952-9243
AdaptLaw provides legal information, not legal advice. For legal advice, consult a licensed attorney in your jurisdiction.