Process Serving Protocol: What to Know About Serving Government Officials or Entities

If you are a process server, you may have some trepidation about serving legal documents to government officials or entities. High-profile cases can be difficult to navigate and require strict adherence to protocols and laws. 

At Pro Legal Support Services, we have some key considerations you should be aware of to ensure compliance. From identifying the correct recipients to filing proof of service, we can help you navigate this complex process effectively and avoid errors and mistakes.

Understand Who You’re Serving

The government entities you need to serve can include federal, state, and local agencies, departments, or municipalities. If you are serving an individual, you may be looking for individual government employees or elected officials acting in their official capacity. 

You may need to do additional research about the official before serving to ensure you have the right person or agency. Make sure you are one hundred percent confident in who you are serving before completing the task. 

Follow Jurisdictional Rules

If you are serving someone at the Federal level, the process is governed by the Federal Rules of Civil Procedure (FRCP), particularly Rule 4(i). 

If you are serving at the state level, you will need to consult local civil procedure rules, as they vary by state. 

For Tribal Governments, you should adhere to tribal laws and sovereignty regulations. 

Serve the Correct Office or Individual

To avoid confusion, make sure you serve the correct office or individual. For Federal government agencies, you should:

• Deliver a copy of the summons and complaint to the U.S. Attorney’s Office in the district where the lawsuit is filed. 

• Send copies via certified mail to the Attorney General in Washington D.C. 

• Serve the agency, officer, or employee directly if suing them in their individual capacity. 

For state and local governments:

• Typically, they require service upon the Attorney General or Legal Counsel of the state, county, or city. 

• Check specific rules about whether personal or mail service is allowed. 

Personal Service Requirements

Some departments or governments require personal service requirements. If you are serving a government office, they must be served in person if they are named as defendants. You can also use a sheriff’s deputy to ensure proper service.

Timing & Deadlines

As always, ensure that your timing and deadlines are correct. Pay attention to the statutory deadlines for service of process. Failure to serve documents properly within the allowed time can result in case dismissal. There are consequences for improper service of process, so avoid this at all costs. 

Once you have served the individual or agency, file a proof of service or affidavit of service with the court to confirm compliance. Include specific details such as the time, date, method, and location of service. 

Immunities & Defenses

There may be cases where government officials assert sovereign immunity or qualified immunity as a defense. Ensure the lawsuit explicitly complies with exceptions under the Federal Tort Claims Act (FTCA) or similar state laws. 

The FTCA states that private citizens can sue the US government in federal court for certain torts committed by federal employees. 

Seek Legal Guidance

If you are ever concerned, you can seek legal assistance. Serving government entities or officials can be complicated, so it’s advisable to consult an attorney or process server with expertise in government litigation. 

Let Pro Legal Support Services Serve Government Officials with Ease

With unmatched communication, attention to detail, tracking, speed, and efficiency, Pro Legal Support Services can move your case forward with any government official, whether federal, state, or local. Our exceptional service of process or e-filing services are perfect for handling complex situations. 

Request service online today, or contact us with any questions about how we can help!