What is a process server?

A process server is an individual who is hired to deliver important legal documents, such as court summons and subpoenas, to the people involved in court proceedings in North Carolina. Generally, process servers are employed by law firms, government agencies, or private businesses. They are often referred to as “serving” documents. Process servers are required to present the legal documents to the defendant, and must identify themselves and explain what the documents are. The documents must then be signed by the defendant, or if the defendant does not sign, the process server must leave the documents and a notice of the delivery with the defendant. Process servers also have the authority to swear witnesses if needed. This means that the court requires witnesses to swear or affirm that they will tell the truth in court proceedings. When doing so, the process server must present the witnesses with a written oath or affirmation to sign. Process servers must also provide proof that the document they served was actually delivered to the defendant. This is why process servers must maintain written logs, known as Affidavit of Service, of each of their delivery attempts. This provides evidence that the document was actually served to the right person.

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