Alabama Process Server Service of Process in All 67 Counties, Under Ala. R. Civ. P. 4

No. The Committee Comments to the 2004 revision say subdivision 4(i)(1)(B) “eliminates the requirement for a court order to designate a person, other than the sheriff, as a private process server”; former Rule 4.1(b)(2) had required that order before service. When process is to be delivered personally within Alabama, Rule 4(i)(1)(A) has the clerk deliver or mail it to the sheriff or constable of the county where the party to be served resides or may be found. As an alternative to the sheriff, or when process is to be delivered personally outside Alabama, Rule 4(i)(1)(B) allows service by any person at least 19 years old who is not a party and is not related within the third degree by blood or marriage to the party seeking service. A sheriff, deputy sheriff or elected constable who serves puts a name, official title and badge or precinct number on the return.

Rule 4(b) gives 120 days from the filing of the complaint. If a defendant is not served in that time, the court, on motion or on its own initiative and after at least 14 days' notice to the plaintiff, may dismiss the action without prejudice as to that defendant or direct that service be made within a specified time. If the plaintiff shows good cause for the failure, the court must extend the time for an appropriate period. Rule 4(b) does not apply to fictitious-party practice under Rule 9(h), where a defendant whose name is unknown is sued under a fictitious name.

Rule 4(i)(1)(C) has the server deliver a copy of the process and accompanying documents to the defendant or another person who may be served under Rule 4(c). For an individual who is not a minor or an incompetent person, Rule 4(c)(1) also permits leaving a copy of the summons and complaint at the individual's dwelling house or usual place of abode with a person of suitable age and discretion then residing there, or delivering it to an agent authorized by appointment or by law to receive service of process. When a substituted service is made on someone other than the defendant, the return must also show that the person qualifies under Rule 4(c). Minors, incompetent persons and incarcerated individuals are served as Rule 4(c)(2) through (5) provide.

Under § 10A-1-5.31, each filing entity and each foreign filing entity registered under Article 7 must designate and continuously maintain a registered agent and a registered office in Alabama, and the office must be a street address in the state where process may be personally served on the agent. If the entity keeps no agent, or the registered agent cannot with reasonable diligence be served, § 10A-1-5.35 provides that the entity may be served with process as the Alabama Rules of Civil Procedure provide. Rule 4(c)(6), which covers domestic and foreign corporations, partnerships, limited partnerships, limited liability partnerships, LLCs and unincorporated organizations or associations, then allows service on an officer, a partner other than a limited partner, a managing or general agent, or another agent authorized by appointment or by law. Certified mail to an entity is addressed to one of those persons, not merely to a place of business. Under Rule 4.3(c), when the process server endorses that a corporation cannot be served because it failed to elect officers or appoint agents, because its officers or agents have been absent from its state of incorporation and the state of its principal place of business for 30 days from the filing of the complaint, or because they are unknown, the corporation is deemed to have avoided service and the court may, on motion, order publication; the Rule 4.3(d)(1) affidavit must still aver specific facts of avoidance.

Once the papers are delivered, the server endorses that fact on the return copy of the process, stating the date of service and the first and last name of the person served; Appendix I to the Alabama Rules of Civil Procedure lists the summons as Forms 1A and 1B (Form C-34). For substituted service on someone other than the defendant, the return also shows that the recipient qualifies under Rule 4(c). A sheriff, deputy sheriff or elected constable adds a name, official title and badge or precinct number. A designated private server adds a name, the physical address of a home or business, a telephone number and a statement that the server meets Rule 4(i)(1)(B). The server signs the return, and it is filed with the clerk of the issuing court. A return made this way is prima facie evidence that process has been served. Under Rule 4(d), the court, in its discretion and on just terms, may at any time allow or approve the amendment of any process or proof of service, unless the amendment would cause material prejudice to the substantial rights of the party against whom the process was issued.

Under Rule 4(i)(2), the plaintiff may file a written request for the clerk to serve by certified mail, or the attorney or party may mail it, return receipt requested. For a corporation or other entity covered by Rule 4(c), the envelope is addressed to a person described in the applicable subdivision. When the attorney or party mails, the return receipt is addressed to the clerk of the issuing court with the case number, and the sender immediately files an “Affidavit of Certified Mailing of Process and Complaint.” Service is complete on delivery to the named addressee or the addressee's agent, as shown by the signature on the return receipt. Rule 4(i)(3) adds service by commercial carrier: on written request the clerk uses a carrier approved by the Administrative Director of Courts, or the attorney or party may use any non-party delivery business that provides a written or electronic delivery receipt, then files an “Affidavit of Delivery to a Commercial Carrier of Process and Complaint” and, within 10 days after receiving the receipt, a “Proof of Service by Commercial Carrier.” The 2023 Committee Comments add that Form 1D was adopted as the “Proof of Service by Commercial Carrier” document. Under both Rule 4(i)(2)(C) and Rule 4(i)(3)(C), an action shall not be dismissed for improper service of process unless the service failed to inform the defendant of the action within time to avoid a default.

Under Rule 4.3(c), when a defendant avoids service and their present location or residence is unknown, and the process server has endorsed the failure of service and the reason on the process and returned it to the clerk, or the return receipt shows a failure of service, the court may, on motion, order publication. A corporation is deemed to avoid service when the server endorses that it cannot be served because it failed to elect officers or appoint agents, its officers or agents have been absent from its state of incorporation and principal place of business for 30 days from the filing of the complaint, or its officers or agents are unknown. Before publication, a party or the party's counsel must file the Rule 4.3(d)(1) affidavit, and the failure of service alone is not enough: the affidavit must state specific facts of avoidance. Other grounds exist: Rule 4.3(a)(1) reaches certain historically equitable claims involving property under the court's control or marital status where the defendant's identity or residence is unknown or a resident defendant has been absent more than 30 days since filing, and specific statutes govern publication in special proceedings such as attachment. No in personam judgment may be entered on publication except under Rule 4.3(c). Under Rule 4.3(d), the notice is published at least once a week for four successive weeks, service is complete at the date of the last publication, and after the last publication the publisher or the publisher’s agent files an affidavit showing the fact of publication with a copy of the notice. In domestic proceedings where publication is otherwise proper and the Rule 4.3(d)(1) affidavit is filed, Rule 4.3(e) allows first-class mail instead, on a further affidavit showing substantial hardship in paying for publication and listing the defendant’s known addresses for the preceding two years (or, if the defendant’s whereabouts have been unknown for that period, the last known address and, if known, the address of next-of-kin or another person who may know where the defendant is).

It reaches a defendant outside the state when Rule 4.2 is satisfied. Under Rule 4.2(a), process may be served anywhere in Alabama and, when authorized by law or by the rules, outside the state. Rule 4.2(b), which the Committee Comments call Alabama's “long-arm statute,” supplies the basis: the person or entity has such contacts with Alabama that prosecuting the action here is not inconsistent with the Alabama or United States Constitution, or is sued as a guardian or personal representative for the acts or omissions of a decedent or ward who would have had sufficient contacts. When process is to be delivered personally outside Alabama, it may be served by a person who meets Rule 4(i)(1)(B): at least 19, not a party and not related to the party seeking service within the third degree by blood or marriage.

Ala. Code § 12-21-400 et seq. is the Alabama Uniform Interstate Depositions and Discovery Act. It covers subpoenas issued in a civil action by a court of record of another state. A party submits the foreign subpoena to the circuit clerk in the county where discovery is to be conducted, the clerk issues an Alabama subpoena, and it must be served as § 12-21-403 directs, in compliance with Ala. R. Civ. P. 45. Under § 12-21-406(b), this procedure is available to a party in another state only if the state where the action is pending extends a similar privilege to persons in Alabama. Under Rule 45(b)(1), a subpoena may be served by the sheriff, a deputy sheriff or any other person who is not a party, is not related within the third degree by blood or marriage to the party seeking service and is at least 19, or by certified mail or commercial carrier under Rule 4. It is delivered to the person named or left at that person’s dwelling house or usual place of abode with someone of suitable age and discretion then residing there. When proof of service is necessary, Rule 45(b)(3) calls for a statement of the date and manner of service and the names of the persons served, certified by the person who made the service and filed with the clerk of the issuing court. Our Alabama subpoena domestication page explains the process.

Under Rule 45(b)(1), when a subpoena commands the person’s attendance at a place more than 100 miles from the person’s residence, service also includes tendering the fees for one day’s attendance and an amount to reimburse the mileage allowed by law. Ala. Code § 12-19-131(a) sets a per-day attendance fee for witnesses in civil cases and mileage for each mile to and from their residence by the usual traveled route, plus all necessary ferriage and turnpike and toll-bridge tolls, whether they attend under subpoena or at a party’s request.