Legal cases are time-sensitive, all the way from serving the initial process to making final judgments. However, when holidays or weekends pop up, many people believe that the entire legal system shuts down…but this isn’t the case. Let’s explore how service of process works in Florida outside of the typical weekdays.
What Is Service of Process?
Service of process is the act of delivering legal documents, such as subpoenas, complaints, or summonses, to the individuals involved in a legal case. This step is vital to ensure that due process is upheld (a constitutional right), meaning that everyone has been properly notified about legal matters in which they are involved and given enough time to prepare a response and defense, if necessary.
No Service of Process on Sundays in Florida
In Florida, process servers have the flexibility to serve documents on almost any day of the week The most notable exception is Sundays. According to Chapter 48 of the 2024 Florida Statutes, service of process on Sundays is prohibited unless allowed by a special court order. This restriction exists to respect individuals’ personal time, but courts can allow Sunday service in specific cases where there is reason to believe the person receiving the process has evaded service by taking advantage of this exception..
There are no restrictions on serving process on Saturdays, making it a great option for process servers who can’t find someone during the week.
Serving Process on Holidays in Florida
Unlike some states, Florida does not have any law prohibiting service of process on holidays. This means that technically, process servers can serve documents on Christmas, Thanksgiving, or other holidays they choose. However, in practice, it’s often considered best to avoid serving papers on these days unless the matter is urgent. Holidays are very personal time that most people spend with their family and friends. Additionally, most process servers also want to spend time with their loved ones on holidays.
If a process server must serve papers on a holiday, they will give careful consideration to the timing before moving forward. They will approach the situation with discretion and professionalism, ensuring that the service is handled with respect and discretion..
How Accurate Serve® Adheres to Florida’s Legal Standards
At Accurate Serve in southern Florida, serving Miami, West Palm Beach, Key West, and Plantation, we understand the critical nature of serving legal documents promptly, as deadlines often approach faster than you’d expect. Our process servers are knowledgeable of Florida’s legal requirements and adhere strictly to all federal, state, and local regulations. We always comply with the restrictions on serving process on Sundays while also providing flexible and efficient services throughout the rest of the week, including Saturdays and holidays, when appropriate.
Contact us at 954-228-4029 or send us a work request online for all your process service, document retrieval, skip tracing, and diligent search services in southern Florida. Whether you’re an attorney or an individual needing assistance, Accurate Serve can help streamline your operations.
