What Is a Process Server?

If you are searching what is a process server, a process server is a person hired to deliver legal documents and record what happened. The role is practical, but the rules depend on the proceeding, document, recipient and jurisdiction. In Canada, there is no single qualification or service method that can safely be assumed for every court matter.

What the work involves

A client provides the documents, recipient details, service address and instructions. The server follows the applicable service method, records the date, time, place and outcome of each attempt, and reports the facts accurately. When required, the person who served the documents completes the appropriate proof of service, such as an affidavit or certificate. A record of an attempt is not the same as proof that the recipient was served.

A process server does not decide whether a claim is valid, choose a legal strategy, or guarantee that a court will accept a particular method or proof. The client’s court documents and rules determine what must happen. If a method, deadline or recipient is unclear, check the court’s current instructions or ask a lawyer or paralegal.

When someone hires one

People may hire a process server when they want an independent person to carry out document delivery and provide a clear record. A professional can help keep the assignment organized, make attempts according to instructions, and prepare the service record requested for the job. This can be useful when a client is busy, needs documentation, or is unsure whether they should personally deliver papers.

Who is allowed to serve differs by court and document. Ontario’s official guidance, for example, distinguishes Small Claims Court service from Family Court special service; the party cannot personally serve documents that require special service in Family Court. Other proceedings have their own rules.

Choosing a service provider

Before ordering, confirm the recipient, address, documents, court, deadline and the type of proof you need. Ask how attempts and results are recorded, how the completed affidavit or other proof is delivered, and what happens if a person cannot be located. Be cautious of anyone promising a legal outcome or claiming that one process works for every court.

Canadian Process Server is a service of Court Runner Inc. It connects clients with reviewed independent process servers and provides a job record; it is not a law firm and does not give legal advice. For a Canada-wide service overview, process server Canada. The request form shows the current options for the address you enter.

General information, not legal advice

This guide is general information. It does not replace current rules, an order, court directions or advice from a lawyer or paralegal. Confirm the service method and proof requirements for the exact proceeding before acting.