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State and federal laws require parties in legal disputes to ensure that certain legal documents, such as subpoenas to testify as a witness or legal judgments against a party, are personally delivered.
The documents must be delivered by someone who is over 18 years old and who is not a party to the legal dispute. Lawyers regularly hire professional process servers to serve legal papers on opposing parties.
Employers should establish policies and educate staff on handling process servers who are trying to serve legal papers on the organization.
Depending on the corporate structure of the organization, “personal” service on an organization is valid when made to a partner, general manager or designated “agent of process,” usually identified in articles of incorporation filed with the Secretary of State.
Receptionists or other nonmanagerial employees are not qualified to accept service of process on behalf of most organizations.
Employers are wise to designate the appropriate person to receive service on behalf of the organization and to notify staff accordingly. Staff, particularly in reception, should be trained on whom to contact if a process server is at the facility to serve the organization.
Employers may also be served with subpoenas addressed to the “Custodian of Records.” This is a subpoena directing the employer to produce documents relevant to a legal dispute, such as a request for the employment records of a former employee in litigation with a current employer.
These subpoenas must also be personally served on the employer. The subpoenas have statutorily mandated time frames by which to respond and produce documents, so it is critical that the right person within an organization receives the subpoena.
Employers should identify a designated custodian of records to receive such subpoenas and educate staff on who to contact when a process server arrives to serve such a subpoena.