Summons, service of process, and e-mail service
| Author | Annette J. Szorosy/Stephanie Matalon |
| Profession | General Magistrate/General Magistrate |
| Pages | 367-400 |
SUMMONS, SERVICE OF
PROCESS, E-MAIL SERVICE
7-1
CHAPTER 7
Summons, Service of
Process, and E-Mail Service
QUICK VIEW
The intent of this chapter is to assist the family lawyer with common issues and problems when properly bringing
the respondent into court. Process and service of process provide the basis of the family court’s jurisdiction in
a family law matter. Most significantly, personal or substitute service of process provides personal jurisdiction
over the respondent. Process and service of process are governed by both statutes and rules. The Florida
Supreme Court requires mandatory e-mail service for lawyers practicing in family divisions in Florida. [In re
Amendments to Florida Rules of Judicial Admin., 126 So. 3d 222, 223-24 (Fla. 2013), Florida Rule of Judicial
Procedure 2.516 establishes the parameters of e-service through the Portal and advises that a filer has fully
complied with rule 2.516’s e-mail service requirement if a document is served through the Portal; the filer need
not also serve the electronically filed document by e-mail. A filer of an electronic document must verify that
the Portal uses the names and e-mail addresses provided by the parties. An attorney is responsible for the
accuracy of and changes to that attorney’s own e-mail addresses maintained by the Portal. Effective January
1, 2019, parties are no longer allowed an additional five days to respond following service of a document
by e-mail. Process and service of process are constitutionally grounded in the due process principles of notice
and opportunity to be heard. Service of process may be the first contact the lawyer makes with respondent;
however, the client and lawyer should explore whether this should be the first choice. Ask the client what he
or she thinks the spouse’s reaction will be to receiving process by sheriff. A discussion of potential reactions of
the other party when receiving service of process may provide insight into the marital relationship, and even
potential danger to the petitioner that may not have been shared or considered earlier. Under therapeutic
jurisprudence, the ramifications of all forms of contact with the respondent should be evaluated before the
lawyer makes the decision to use service of process rather than the respondent’s acceptance of service by
mail. Acceptance by mail provides its own inherent procedural dangers under Florida law. This chapter sets
forth the alternative methods to proceed to notice the respondent and obtain jurisdiction over him or her.
TABLE OF CONTENTS
I. GENERAL POINTS
§7:01 Process Defined
§7:02 Service of Process Defined
§7:03 Purpose of Service of Process and Limitations on Jurisdiction
§7:04 Methods for Service of Process on Natural Persons
§7:05 Personal or Substitute Service Required to Obtain Personal Jurisdiction
§7:06 New Parties
§7:07 Impact of Electronic Filing and Supreme Court Rule Changes on Summons and Service of Process
SUMMONS, SERVICE OF
PROCESS, E-MAIL SERVICE
Florida Family Law and Practice 7-2
II. ACCEPTANCE AND WAIVER OF SERVICE BY AGREEMENT
§7:20 How Respondent May Waive Service
§7:21 Procedure
§7:22 No Waiver of Objections
§7:23 Requirements for Notification and Request for Waiver
§7:24 Effect of Acceptance and Waiver
§7:25 Extension of Time to Answer
§7:26 Time Computations When Process Is Served by Mail
§7:27 Failure to Comply With Request
III. SERVICE OF ORIGINAL PROCESS BY PERSONAL OR SUBSTITUTE SERVICE
A. Issuance of Process
§7:40 Process Issued by Clerk of Court
§7:41 Special Summons With Mandatory Disclosure Notice for Family Law Matters
§7:42 Subsequent Additional Process
§7:43 Statewide Service
B. Persons Authorized to Serve Process
§7:50 General Rule
§7:51 Special Process Servers Appointed by Sheriff
§7:52 Certified Process Servers
§7:53 Special Process Server Appointed by Court
§7:54 Delivery for Service
C. Personal Service Within Florida
§7:60 How Accomplished
§7:61 Applies to Residents and Nonresidents
§7:62 Immunity From Service
§7:63 Serving Person at Place of Employment
D. Substitute Service Within Florida
§7:70 Delivery at Respondent’s Home to Any Resident Over 15
§7:71 Usual Place of Abode
§7:72 Any Person Who Lives There
§7:73 Delivery to Litigant’s Spouse Not Permitted
E. When Respondent Attempts to Evade Service
§7:80 Evasion of Service Is Not Uncommon
§7:81 Application for Sunday Service
§7:82 Discovery in Aid of Service
§7:83 Drop Service
F. Service on Resident or Nonresident Outside Florida
§7:90 Long-Arm Jurisdiction
§7:91 How Service of Process Is Made Under Long-Arm Statute
§7:92 Service of Process in Foreign Countries
G. Service on Minors, Incapacitated, and Incarcerated Persons
§7:100 Service on Minors
§7:101 Service on Incapacitated Persons
§7:102 Service on Prisoners
§7:103 Service on Active -Duty Members of Armed Forces
IV. RETURN OF SERVICE
§7:110 Purpose
§7:111 Officer’s Return
§7:112 Return by Specially Appointed Process Server
§7:113 Acceptance and Waiver of Service
§7:114 Constructive Service
§7:115 Service Outside Florida
§7:116 Lack of Return or Defective Return: Voidable Service
§7:117 Late or Amended Return
SUMMONS, SERVICE OF
PROCESS, E-MAIL SERVICE
7-3 Summons, Service of Process, and E-Mail Service
V. 120DAY LIMIT FOR SERVICE OF PROCESS
§7:130 Within 120 Days After Filing Initial Pleading
§7:131 Consequences of Untimely Service
§7:132 Dismissal Is Without Prejudice
§7:133 Tolling of 120-Day Period While Service Contested
VI. OBJECTING TO DEFECTIVE PROCESS AND DEFECTIVE SERVICE OF PROCESS
A. Procedure
§7:140 Distinction Between No Service and Defective Service
§7:141 How to Raise
§7:142 Attack on Process
§7:143 Attack on Service of Process
§7:144 Relative Burdens of Proof for Showing Valid Service
B. Waiver by Failure to Timely Object
§7:150 How Waiver Occurs
§7:151 Appearance Without Immediately Raising Defenses Waives Defects
§7:152 Seeking Affirmative Relief Waives Defects
C. Dealing With Self-Represented Litigant
§7:160 Held to Standard of Reasonably Competent Lawyer
§7:161 When Self-Represented Litigant ’s First Appearance Is at Final Hearing on Default
VII. CONSTRUCTIVE SERVICE
A. Requirements
§7:170 When to Use
§7:171 Limitations on Jurisdiction
§7:172 Cases in Which Service of Process by Publication Is Allowed
§7:173 Bases for Constructive Service on Natural Person
B. Affidavit of Diligent Search and Inquiry
§7:180 Affidavit of Diligent Search Is Prerequisite
§7:181 Contents of Affidavit
§7:182 Specifics of Search Required
§7:183 Effect of False Affidavit
§7:184 Discovery in Aid of Diligent Search for Constructive Service
C. Notice of Action
§7:190 Notice of Action Defined
§7:191 Conditions Precedent to Issuance
§7:192 Contents of Notice of Action
§7:193 Return Day
§7:194 Publication
§7:195 Proof of Publication
§7:196 Posting
§7:197 Mailing Notice of Action
VIII. SERVICE OF PLEADINGS AND PAPERS AFTER ORIGINAL PROCESS (EMAIL SERVICE)
A. General Points
§7:210 Authority for E-Mail Service
§7:211 Signature of Party’s Attorney; Designation of E-Mail Address
§7:212 Exceptions to E-Mail Service
§7:213 When a Default Has Been Entered
§7:214 Time for E-Mail Service
§7:215 Format for E-Mail Service
§7:216 Subject Line of the E-Mail
§7:217 Body of the E-Mail
§7:218 Signature on the E-Mail
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