Personal Service & follow up tasks

When personally serving initial pleadings, the following documents MUST be included:

• Petition or Answer and Counter Petition
• Summons (if petitioner)
• Certificate of Representation
• There may also be a letter from the attorney included with the documents – double check with the attorney.

Sending the documents for service

1. Email the documents that need to be served to the process server. Include the address where they should attempt service, any information regarding the best days/times to serve (if known), AND a note that the documents must be personally served on the person.

Example Email: Hey Paul, Can you personally serve the attached documents on James Doe? His address is 123 North Main Street in Rochester. Our client indicates James works M-F from 8am to 5pm, so it’s probably best to try evenings or weekends.”

2. Once the person is served, the process server will email us saying they successfully completed service.
3. Within a day or two, the process server will email us an affidavit of personal service and an invoice and may also follow up by mailing us copies of the original
4. If you have not heard from the process server within 5 days of providing them with documents, it is best to follow up with them to make sure things are moving forward and attempts are being made.

Once we receive the Affidavit of Service:

1. Save the Affidavit of Service to the Pleadings folder
2. Save the Invoice to the Documents folder
   • If the Affidavit of Service and the Invoice are the same document, you can just save it to the Pleadings folder.
3. Enter the process server fee as an expense for the client in mycase
   • Go to the case
   • Click on Time & Billing
   • Click on Expenses
   • Click add expense
   • Activity: Personal Service
   • Description: Personal Service Fee (Name of Person/Company being paid)  Example:  Personal Service Fee (Lori Byro – USPS)
   • Cost: Total Cost
   • Quantity: 1
4. Email the invoice to the finance manager:
   • Subject: (Case name)

“Hello, Here is an invoice for personal service that needs to be paid. The expense is already entered in mycase. Thanks!”

5. Set a task for either 30 days (divorce) or 21 days (custody) from the date of service indicating that is when the answer & counter petition is due from the opposing party.
6. Send a message to the client letting them know the other person was personally served and now we have to wait the 21/30 days for their answer and counter petition.