Can a Process Server Deliver Documents Any Day of the Week?

You’ve got that Subpoena all drawn up and ready to go to the process server. You know you’re behind a little bit on getting it served, but you know your process server is quick and will get the job done on time.

Because you’re on a tight deadline and it’s the end of the week, you may wonder: Can a process server deliver documents any day of the week?

Short Answer: It Depends

In most states – 39 of them, to be exact – service of process on Sundays and holidays is totally legal.

That means your process server can show up at the defendant’s door on a Sunday, when you know they’re home from work, and hand them that subpoena. This makes it more likely that your process server will be able to catch your defendant or witness, making your service more efficient and effective.

However, there are 11 states where Sunday service isn’t permitted.

If you have documents going to these 11 states, be aware that your process server is not allowed to serve them on Sunday:

  • Florida (Florida Statutes §48.20)
  • Maine (Maine Revised Statutes §705) 
  • Massachusetts (General Laws of Massachusetts Chapter 136, Sec. 8)
  • Minnesota (Minnesota Statutes §624.04)
  • New York (New York General Business Law §11)
  • Rhode Island (General Laws of Rhode Island §9-5-24)
  • South Dakota (South Dakota Codified Laws §1-5-2)
  • Tennessee (Tennessee Code Annotated §20-2-105 and 106)
  • Texas (Texas Rules of Civil Procedure, Rule 6)
  • Virginia (Code of Virginia §8.01-289)
  • West Virginia (West Virginia Code §56-3-16)

Some of the above states allow service of process on Sundays by court order, or in special cases.

In addition to no service on Sundays, New York prohibits the service of process on Saturday to anyone who observes Saturday as a holy day (New York General Business Law §13). 

Other states, such as Minnesota, also prohibit service of process on holidays.

As always, check the laws and regulations in the area where you need process served to verify whether Sunday or holiday service is allowed.

Experienced Nationwide Service of Process

At Torri’s Legal Services, we’ve made helping law firms run more efficiently and effectively our mission. Whether you need service of process, document retrieval, court research, or other legal services, our experienced team is here to help. Contact us today for a quote!

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