Service of Process
- Process of service is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body, or other tribunal.
- Notice is furnished by delivering a set of court documents (called process) to the person to be served.
DAIL staff do not accept service of process in any civil action.
Service of process in any civil action in District or Circuit courts pertaining to an individual under guardianship can only be legally made on the Cabinet by:
-Serving the Secretary of the Cabinet for Health and Family Services
-Serving the Office of Attorney General
- DAIL staff may accept service of process including a summons, subpoena or show cause order from a process server.
- DAIL staff should immediately forward a copy to their Branch Manager or Assistant Director to ensure a timely response.
Source: Service of Process; Wikipedia
Notes: Civil actions might include foreclosures on properties or wrongful death lawsuits. The preferred route would be to serve the Secretary of the CHFS as this gets handled quicker and is reviewed by OLS .