Below are Alabama’s Rules for Civil Procedure pertaining to service of process. For more information on the rules please visit Alabama’s Unified Judicial System.
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(a) Methods of Service.
(b) Delivery by a Process Server.
(1) By Sheriff or Constable.
(2) By Designated Person.
(3) How Served and Returned.
(4) Failure of Service.
(c) Service by Certified Mail.
(1) When Proper.
(2) How Served.
(3) When Effective.
(4) Failure of Delivery.
Amendment(s) (dc) District Court Rule. Rule 4.1 applies in the district courts.
(a) Basis for Out-of-State Service.
(1) When Proper.
(2) Sufficient Contacts.
(3) “Person” Defined.
(b) Methods of Out-of-State Service.
(1) Certified Mail.
(2) Delivery by a Process Server.
(a) Scope of Rule.
(b) Residence Known; When Publication Appropriate.
(c) Avoidance of Service.
(d) Procedure for Publication in Actions Governed by This Rule.
(1) Affidavit Necessary.
(2) How Published.
(3) Contents of Publication.
(4) When Complete.
(5) Proof of Service.
(e) Alternative to Publication in Certain Domestic Proceedings.
(1) When Proper.
(2) How Served.
(3) When Effective.
Amendment(s) (dc) District Court Rule. Rule 4.3 applies in the district courts.
(a)Basis for Service in a Foreign Country.
(b) Methods of Service in a Foreign Country.
(1) Certified Mail or Its Equivalent.
(2) Delivery by a Process Server.
(3) Letters Rogatory.
(4) Pursuant to Law of Foreign Country.
(5) By Order of Court.
Amendment(s) (dc) District Court Rule. Rule 4.4 applies in the district courts.
(b) Service.
(c) Protection of persons subject to subpoenas.
(d) Duties in responding to subpoena.
(e) Contempt.
Amendment(s) (dc) District court rule. Rule 45 applies in the district courts.
Rule 4. Process: General and Miscellaneous Provisions
(a) summons or other process.
1. Issuance. Upon the filing of the complaint or other document required to be served in the manner of an original complaint the clerk shall forthwith issue the required summons or other process for service upon each defendant. Upon request of the plaintiff separate or additional summons shall issue at any time against any defendant.
2. Form. The summons, or other process or each of them in cases involving multiple defendants, shall be signed by the clerk, contain the name of the court and the name of the first party on each side with an appropriate indication of other parties in cases involving multiple parties, be directed to the defendant or each defendant in cases involving multiple defendants, state the name and address of the plaintiff’s attorney, if any, otherwise the plaintiff’s address, and the time within which these rules require the defendant to appear and defend, and shall notify the defendant that, in case of the defendant’s failure to do so, judgment by default will be rendered against the defendant for the relief demanded in the complaint.
3. Copy of Complaint or Other Document. The summons, or other process or each of them in cases involving multiple defendants, shall be signed by the clerk, contain the name of the court and the name of the first party on each side with an appropriate indication of other parties in cases involving multiple parties, be directed to the defendant or each defendant in cases involving multiple defendants, state the name and address of the plaintiff’s attorney, if any, otherwise the plaintiff’s address, and the time within which these rules require the defendant to appear and defend, and shall notify the defendant that, in case of the defendant’s failure to do so, judgment by default will be rendered against the defendant for the relief demanded in the complaint.
4. Plaintiff and Defendant Defined. The summons, or other process or each of them in cases involving multiple defendants, shall be signed by the clerk, contain the name of the court and the name of the first party on each side with an appropriate indication of other parties in cases involving multiple parties, be directed to the defendant or each defendant in cases involving multiple defendants, state the name and address of the plaintiff’s attorney, if any, otherwise the plaintiff’s address, and the time within which these rules require the defendant to appear and defend, and shall notify the defendant that, in case of the defendant’s failure to do so, judgment by default will be rendered against the defendant for the relief demanded in the complaint.
5. Instructions and Form. The summons, or other process or each of them in cases involving multiple defendants, shall be signed by the clerk, contain the name of the court and the name of the first party on each side with an appropriate indication of other parties in cases involving multiple parties, be directed to the defendant or each defendant in cases involving multiple defendants, state the name and address of the plaintiff’s attorney, if any, otherwise the plaintiff’s address, and the time within which these rules require the defendant to appear and defend, and shall notify the defendant that, in case of the defendant’s failure to do so, judgment by default will be rendered against the defendant for the relief demanded in the complaint.
(b) Limits of Effective Service.
All process may be served anywhere in this state and, when authorized by law or by these rules, may be served outside this state.
(c) Upon Whom Process Served.
1. Individual. Upon an individual, other than a minor or an incompetent person, by serving the individual or by leaving a copy of the summons and the complaint at the individual’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by delivering a copy of the summons and the complaint to an agent authorized by appointment or by law to receive service of process;
2. Minor. Upon a minor by serving any one of the following: the father, the mother, the guardian, the individual having care of the minor or with whom the minor lives, or the spouse, if the minor is married, and, if the minor is over the age of twelve years, by also serving the minor personally;
3. Incompetent Not Confined. Upon an incompetent person by serving the incompetent and that person’s guardian but, if no guardian has been appointed, by serving the incompetent and a person with whom the incompetent lives or a person who cares for the incompetent;
4. Incompetent Confined. Upon an incompetent person not having a guardian and confined in any institution for the mentally ill or mentally deficient, by serving the superintendent of the institution or similar official or person having the responsibility for custody of the incompetent person;
5. Incarcerated Person. Upon an individual incarcerated in any penal institution or detention facility within this state, by serving the individual, except that when the individual to be served is a minor, by serving any one of the following: the father, the mother, the guardian, the individual having care of the minor, or the spouse, if the minor is married, and, if the minor is over the age of twelve (12) years by serving the minor personally;
6. Corporation. Upon a corporation, either domestic or foreign, by serving the agent authorized by appointment or by law to receive service of process or by serving the corporation by certified mail at any of its usual places of business or by serving an officer or an agent of the corporation;
7. Partnership. Upon a partnership, a limited partnership, or a limited partnership association, by serving the entity by certified mail at any of its usual places of business or by serving a partner, limited partner, or manager or member;
8. Unincorporated Organization or Association. Upon an unincorporated organization or association by serving it in its entity name by certified mail at any of its usual places of business or by serving an officer or agent of any such organization or association or an officer or agent of any branch or local office of the organization or association;
9. Professional Association, Professional Corporation, or Limited Liability Company. Upon a professional association, a professional corporation, or a limited liability company, by serving the association, corporation, or company in the entity’s name by certified mail at the place where the entity’s offices are maintained or by serving a shareholder, or by serving the agent authorized by appointment or by law to receive service of process;
10. State. Upon this state or any one of its departments, offices, and institutions, by serving the officer responsible for the administration of the department, office, or institution, and by serving the attorney general of this state;
11. County. Upon a county or upon any of its offices, agencies, districts, departments, institutions, or administrative units, by serving the chairman or presiding officer or member of the governing body of such county.
12. Municipal Corporation. Upon a municipal corporation or upon any of its offices, departments, agencies, authorities, institutions, or administrative units, by serving the mayor or the presiding officer or councilman, commissioner, or other member of the municipal corporation.
13. Other Governmental Entity. Upon any governmental entity not mentioned above, by serving the person, officer, group, or body responsible for the administration of that entity or by serving the appropriate legal officer, if any, representing the entity. Service upon any person who is a member of the “group” or “body” having responsibility for the administration of the entity shall be sufficient.
(d) Amendment.
The court, within its discretion and upon such terms as are just, may at any time allow or approve the amendment of any process or proof of service thereof, unless the amendment would cause material prejudice to the substantial rights of the party against whom the process was issued.
(e) Service Refused.
If service of process is refused, and the certified mail receipt or the return of the person serving process states that service of process has been refused, the clerk shall send by ordinary mail a copy of the summons or other process and complaint or other document to be served to the defendant at the address set forth in the complaint or other document to be served. Service shall be deemed complete when the fact of mailing is entered of record.
(f) Multiple Defendants; Incomplete Service; Dismissal of Fictitious Defendants.
When there are multiple defendants and the summons (or other document to be served) and the complaint have been served on one or more, but not all, of the defendants, the plaintiff may proceed to judgment as to the defendant or defendants on whom process has been served and, if the judgment as to the defendant or defendants who have been served is final in all other respects, it shall be a final judgment. After the entry of judgment, if the plaintiff is able to obtain service on a defendant or defendants not previously served (except, however, defendants designated as fictitious parties as allowed by Rule 9(h), who shall be deemed to have been dismissed voluntarily when the case was announced ready for trial against other defendants sued by their true names), the court shall hear and determine the matter as to such defendant or defendants in the same manner as if such defendant or defendants had originally been brought into court, but such defendant or defendants shall be allowed the benefit of any payment or satisfaction which may have been made on the judgment previously entered in the action.
(g) Effect of Availability of Alternative or Dual Modes of Service of Process.
There shall be no objection to the service of process or notice to litigants, that two or more modes of service of notice are provided by law or under these rules; but service of notice perfected in any one manner or mode which is provided for by law or under these rules shall be deemed sufficient, notwithstanding other modes or manner of service and notice are provided by law or under these rules.
(h) Acceptance or Waiver of Service.
A defendant or the defendant’s attorney may accept or waive service of process, provided that said acceptance or waiver is in writing and signed by the defendant and a credible witness.
Amendment(s) (dc). District Court Rule. Rule 4 applies in the district courts.
(Amended 6/17/75; Amended 10/14/76, effective 1/16/77; Amended 1/4/82, eff. 3/1/82; Amended 1/21/86, eff. 9/1/87; Amended eff. 6/20/89; Amended eff. 8/1/92; Amended eff. 10/1/95. Committee Comments See Committee Comments following Rule 4.4.
Rule 4.1. Process: Methods of in-state service
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