The serving process is a fundamental piece of all legal cases, but there is a difference between the serving process for a civil case versus the serving process for a criminal matter. Understanding the differences between these types of cases, and the process service rules related to both, is essential for attorneys and other individuals who frequently deal with both civil and criminal issues.
Service of Process in Civil Cases
Service of process in civil court cases involves notifying all parties named in the case, specifically defendants but sometimes also witnesses, that they are expected in court on a certain date and time to respond to the claims made against them. This notification gives the accused party or witness time to prepare a defense or gather evidence. Colorado’s Rules of Civil Procedure are the governing rules for civil service of process
Methods of Service
According to Rule 304 of the Colorado Rules of Civil Procedure, service of process in civil matters can be executed by:
- Personal Service: Delivering a copy of the summons and complaint directly to the individual.
- Substituted Service: Leaving the documents at the person’s usual place of abode with someone of suitable age and discretion residing therein.
- Service by Mail or Publication: Utilized when the defendant cannot be located despite diligent efforts, allowing service through mail or public notice.
Who Can Serve
In civil cases, any person who is at least 18 years old and not a party named in the legal matter may serve the process related to the case. This includes private process servers, sheriffs, or any other qualified adult. We always recommend using an experienced and professional private process server to handle all civil process delivery.
Service of Process in Criminal Cases
While civil matters are usually between two individuals or businesses, criminal matters involve the federal or state government prosecuting an individual for a crime. The rules related to service of process for criminal matters are much more strict than their civil counterparts:
Methods of Service
Service in criminal cases is almost always done by a law enforcement officer and can be made by:
- Personal Service: Law enforcement officers deliver court documents, such as summonses or warrants, directly to the defendant.
- Arrest Warrants: In cases where immediate custody is warranted, law enforcement may execute an arrest warrant.
Who Can Serve
Only authorized law enforcement personnel, such as police officers or sheriffs, are permitted to serve process in criminal cases in Colorado. This ensures that the service is conducted with the authority, oversight, and safety procedures necessary for criminal proceedings. However, a private process server may be allowed to serve witness subpoenas for a criminal case.
Key Differences Between Civil & Criminal Service of Process
- Who May Serve: Civil process can be served by any qualified adult not involved in the case, whereas criminal process must be served by law enforcement officers.
- Methods of Service: Civil cases offer more service method options, while criminal cases rely on personal service and arrest warrants by law enforcement.
Importance of Proper Service
Proper service of process is necessary in both civil and criminal cases to uphold individual due process rights. It ensures that individuals and other entities are informed of legal actions against them and have the opportunity to respond. Improper service can lead to delays, dismissals, or the overturning of judgments.
Reliable Process Service in Denver
If you are involved in a legal matter in Denver, or anywhere in Colorado, it is vital to know whether the case is considered civil or criminal. This distinction will determine how notification of the case is made to involved parties and how documents and other information are shared. Following the appropriate procedures for the type of legal matter being heard is essential to stay compliant with federal and state laws. If you need process served in Colorado and aren’t sure how to proceed, contact the process service experts at Accurate Serve® of Denver for the best help possible. To get started, give us a call at 303-501-7121 or send us a work request online.
