How does a court determine whether service was properly completed?

How does a court determine whether service was properly completed?

• A. Whether the defendant acknowledges receipt.
• B. Whether the clerk filed a separate notice of service.
• C. Review the server's affidavit or proof of service and confirm adherence to the applicable rules.
• D. Whether the summons was posted in the courthouse lobby.

Answer: (C)

Courts verify that service of process was proper by examining the server’s sworn return of service and checking that it follows the applicable rules. The server’s affidavit or proof of service should spell out who was served, how, when, and where, and show that the method used matches what the rules authorize. When this documentation is complete, accurate, and filed with the court, service is treated as properly completed. If the return lacks required details, shows an improper recipient, or uses an unapproved method, the court may deem service defective and require re-service. Simply having the defendant acknowledge receipt does not substitute for a proper, sworn proof of service, and posting the summons at the courthouse generally does not satisfy service requirements unless specifically allowed by the rules and accompanied by proper notice.

Courts verify that service of process was proper by examining the server’s sworn return of service and checking that it follows the applicable rules. The server’s affidavit or proof of service should spell out who was served, how, when, and where, and show that the method used matches what the rules authorize. When this documentation is complete, accurate, and filed with the court, service is treated as properly completed. If the return lacks required details, shows an improper recipient, or uses an unapproved method, the court may deem service defective and require re-service. Simply having the defendant acknowledge receipt does not substitute for a proper, sworn proof of service, and posting the summons at the courthouse generally does not satisfy service requirements unless specifically allowed by the rules and accompanied by proper notice.