What are the civil litigation requirements for service of process?

Civil litigation in North Carolina requires that parties serve process in order to begin the litigation process. Service of process is an important step in the civil litigation process, as it provides official notice to parties of pending legal action. To serve process, North Carolina requires that either certified mail or hand delivery be used. The process server must deliver the summons and complaint to the defendant. Additionally, the defendant must also receive a copy of any attachments mentioned in your complaint. Once the process server has delivered the summons and complaint, they must complete an “Affidavit of Service” to provide proof that the documents were delivered. For service of process by certified mail, the process server must use first class mail and include a return receipt. A copy of the summons and complaint must also be attached to the envelope. Once the documents have been sent, the process server must also complete an “Affidavit of Delivery” to provide proof that the documents were sent via certified mail. In addition, if the defendant is not physically located in North Carolina, the process server may also serve process by publication. This process requires the process server to publish a notice or summons in a North Carolina newspaper known to exist in the county where the defendant is located. Once the notice has been published, the process server must complete an affidavit of due diligence. Lastly, any proof of service must be filed with the court. Once the court has received proof of service, the defendant will then have 30 days to respond to the complaint. If the defendant does not respond to the complaint or provide a valid response, the court may then proceed with the case without the defendants’ participation.

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What are the civil litigation requirements for service of process?

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