Legal Motion for Private Process Server

LEGAL MOTION FOR PRIVATE PROCESS SERVER

Court:    Case No.:

Judge:

Plaintiff/Petitioner:    Defendant/Respondent:

RECITALS

WHEREAS, Movant, , seeks service of process in the above-captioned action on Defendant/Respondent identified above;

WHEREAS, Movant represents that reasonable attempts to effectuate service by ordinary means have been unsuccessful, including but not limited to personal attempts at the address(es) listed and service by regular mailing, as detailed in the Declaration below;

WHEREAS, Movant requests the Court's authorization to employ a private process server and to accept the proposed private process server's affidavit of service in lieu of service by a public officer, as permitted by the applicable rules of civil procedure;

NOW THEREFORE

Movant respectfully moves the Court for an order authorizing the retention of a private process server to effect service of process and for such other relief as the Court deems just and proper. The factual and legal bases for this motion are set forth in the numbered paragraphs below.

1. REQUEST FOR AUTHORIZATION

Movant requests that the Court authorize the appointment of the proposed private process server identified herein to serve the Summons and Complaint and any subsequent pleading or document requiring personal service in this action and to accept, as proof of service, the server's written affidavit or declaration in lieu of return by a public officer.

2. PROPOSED PRIVATE PROCESS SERVER

The proposed server affirms the following qualifications:

  Is over 18 years of age and not a party to this action.

  Has experience and is competent to perform service in accordance with applicable rules and to prepare a sworn Affidavit or Declaration of Service.

3. PROPOSED METHOD AND LOCATIONS OF SERVICE

Movant proposes service by the following method(s) (select and describe location(s) where service is to be attempted):

  Personal delivery      Substituted service with mail and affidavit      Certified or first-class mail (if authorized)

4. FEES AND COSTS

Movant requests the Court to allow reasonable recovery of process server fees and costs in accordance with applicable procedural law and any subsequent order of the Court assigning costs.

5. DECLARATION OF MOVANT

I, the undersigned Movant or Movant's counsel, declare under penalty of perjury under the laws of the jurisdiction that the statements contained in this Motion are true and correct to the best of my knowledge, information and belief.

6. PROPOSED ORDER

Movant respectfully requests that the Court enter an order authorizing the appointment of the named private process server to effect service and authorizing the Court to accept the private process server's affidavit or declaration of service as the operative proof of service.

7. NOTICE

Movant will serve a copy of this Motion and supporting documents on all parties of record in accordance with the applicable court rules and will provide a copy to opposing counsel by the method(s) required by those rules.

8. GOVERNING LAW; MISCELLANEOUS

Governing Law: This Motion is governed by the applicable rules of civil procedure and statutes of the jurisdiction in which this action is pending.

Entire Agreement: This Motion and any Order entered hereunder constitute the entire written request between the parties on the subject of authorization of a private process server and supersede all prior written communications and agreements on that subject.

Severability: If any provision of this Motion is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Amendments and Waiver: No amendment or waiver of any provision of this Motion shall be effective unless made in writing and signed by the moving party; failure to enforce any provision is not a waiver of future enforcement.

SIGNATURES

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