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LAW ENFORCEMENT

SERVICE OF PROCESS 


Service of process varies greatly from state-to-state when it comes to serving Police Officers, Correction Officers, Sheriffs and Court Officers of the State. Officers have the same rights as civilians when it comes to lawsuits. The majority of Officers, comply when approached with service of process, without making it a big deal, but others find it offensive. Some Officers think it's repugnant to be serve documents forcing them to appear in court, by someone who has no authoritative power. Others may retaliate by arresting the Server for an unrelated matter. The key for Process Servers is to know the laws for the jurisdiction(s) that you serve. 

ADDITIONAL INFORMATION...

MPD Police ChiefIn the District of Columbia, the Metropolitan Police Department Officers and Managing Officials may elect to sign PD Form 161, giving the department the authority to accept service on their behalf, but this is not a requirement, and most Officers don't. Below are some details information under the MPD General Orders governing service of process (Criminal and Civil). See... https://go.mpdconline.com/GO/GO_701_04.pdf for more details.

On June 3, 2011, Chapter 20 of Title 6A “Police Personnel” District of Columbia Municipal Regulations (DCMR), was amended pursuant to D.C. Official Code § 5- 105.09 (Service of Process). Under the amendments, non-government attorneys and unrepresented parties may request the Court Liaison Division (CLD) assist in transmitting via electronic mail: A. Notifications of Subpoenas generated through the Computer Assisted Notification System (CANS), B. Subpoenas for civil or criminal cases, and C. Summonses and complaints for civil lawsuits to members arising out of their official duties for the Metropolitan Police Department (MPD). Non-government attorneys and unrepresented parties may also choose to have a process server personally serve members with subpoenas or summonses and complaints. In lieu of personal service, members may designate the Bureau Head of the bureau to which they are assigned to accept service of subpoenas or summonses and complaints on their behalf. The policies SERVICE OF SUBPOENAS AND CIVIL LAWSUITS… GO-PCA-701.04 2 of 19 and procedures outlined in this order do not apply to service of process for personal matters involving members (e.g., divorce and child support cases in which a member is a party).

 FBI48.111 Service on public agencies and officers. (1) Process against any municipal corporation, agency, board, or commission, department, or subdivision of the state or any county which has a governing board, council, or commission or which is a body corporate shall be served: (a) On the president, mayor, chair, or other head thereof; and in his or her absence; (b) On the vice president, vice mayor, or vice chair, or in the absence of all of the above; (c) On any member of the governing board, council, or commission. (2) Process against any public agency, board, commission, or department not a body corporate or having a governing board or commission shall be served on the public officer being sued or the chief executive officer of the agency, board, commission, or department. (3) In any suit in which the Department of Revenue or its successor is a party, process against the department shall be served on the executive director of the department. This procedure is to be in lieu of any other provision of general law, and shall designate said department to be the only state agency or department to be so served.

The information provide above serves as a general consensus and example to law enforcement policy around the united states and does not necessarily reflect all jurisdictions. Check your state and jurisdiction for updates and statues.

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