To prepare or request a legally sufficient proof of service – no matter what type – it is important to understand the process of service; how to meet your duty of due diligence; and the extent of detective works that can be expected of a process server. Family law tends to be significantly less formal than litigation in other areas. Family litigants are often empowered to be self-represented and even self-service.
As a result, proof of service can often be preparation by a spouse or another party to the family law litigation. The general requirements for preparation of a proof of service are:
Although there are multiple methods of service permitted in Florida family law matters (such as service by delivery), this blog focuses on serving a pleadings or other filing by mail. Parties usually ask for permission to serve pleadings or other court filings upon other parties or the opposing counsel by mail in a family law case. This is typically done in the hopes of avoiding the costs of hiring a process server to physically serve the other party. However, when service is made by regular mail or certified mail to the other party, conflicts and miscommunication may occur. In addition, when you serve someone else by mail, the other party is required to sign and return the proof of service, which delays the process. A proof of service by mail usually states: The above statement is generally found in the Uniform Family Law Form 12.910(c) – Proof of Service by Mail. In a Florida family law case, proof of service by mail is governed by Rule 11.06, Florida Rules of Civil Procedure. However, Family Law Rules of Procedure Rule 12.070(a)(2) and Form 12.910(c) govern the service of pleadings signed by an attorney. Florida law requires that proof of service to another litigant shall show the date of service, the manner of service, and have a signature to verify that service was made. The court form must be signed and filed with the clerk of the court within 20 days after the service was made. Determining the date of actual service of process is important in Florida divorce and family law cases. That date generally governs the time frame for filing of motions, requests for hearings, and other pleadings. In the state of Florida, proof of service by mail is only legally sufficient when the service is made through first class mail or certified mail pursuant to Rule 11.06, Florida Rules of Civil Procedure. In addition, any record made of the service process itself must include the account number and manifest that it has been sent by certified mail from the Clerk of the Court’s office. In preparing a proof of service by mail, you may also want to include the following information: Preparing proof of service by mail is an important process when serving pleadings or filings upon a spouse or exercising the right to request a hearing. A party must calculate a time frame for response to the pleading. Calculation of time frames are based upon whether the pleading is served by mail or delivered personally and whether a motion is “calendarable” upon filing (i.e., based on whether a Certificate of Service is filed with the motion). Parties may occasionally request a hearing on the pleading (i.e., by filing a motion for hearing with a notice of hearing). However, the right to receive a hearing upon request of one party is governed by Family Law Rules of Procedure Rule 1.440. That rule requires the party who requests a hearing on a motion shall note the motion for hearing without (or after) filing of that motion.
The most significant problem with the proof of service by mail is that it is often delayed. Naturally, the party serving the other party by mail cannot anticipate delays in delivery or receipt of mail. As such, when service is made by mail, you need more time to respond to the service. In Florida family law cases cases, the process of proof of service by mail is governed by the Florida Family Law Rules of Civil Procedure Rule 1.070. This rule states that service of a final judgment upon all parties must be had upon the opposing party (or their attorney) within so many days after the final judgment (i.e. 20 days after). If the pleading itself (or motion) has a Certificate of Service which states that a copy of the motion was served on the other party by mail, the other party who is served by mail may consider the date upon which the motion was actually served to be the date upon which the proof of service is signed and returned for filing with the clerk of the court. Generally, the following advantages and disadvantages of serving pleadings by mail exists:
Inefficient When serving a spouse with pleadings by mail in a family law case, it is important to remember that serving the other spouse is often only the beginning of a domino effect. When service is perfected by mailing the pleadings, you may find yourself in a position to find yourself filing a request for response to the pleading (or a Notice to Appear at Trial or hearing schedule). When you file that additional pleading, make sure you begin the process again by mailing the additional pleading to the other party. Burlington & Rockenbach, P.A. takes a unique approach by considering and planning strategies with regard to proof of service and notice for our clients. Burlington & Rockenbach, P.A. has significant experience in preparation of proof of service by mail, and disputes regarding notice and service with regard to pleadings.