Summons: Personal Service On An Individual Orden De Comparecencia: Servicio Personal En Un Individuo Citation: L'Assignation Personal Sur Un Individuel
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7INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.910(a),
SUMMONS: PERSONAL SERVICE ON AN INDIVIDUAL
When should this form be used?
This form should be used to obtain personal service on the other party when you begin your lawsuit.
Service is required for all documents filed in your case. Service means giving a copy of the required papers
to the other party using the procedure that the law requires. Generally, there are two ways to make service:
(1) personal service, or (2) service by mail or hand delivery.
A third method for service is called
constructive service; however, the relief a court may grant may be limited in a case where constructive
service has been used.
The law requires that certain documents be served by personal service if personal service is possible.
Personal service means that a summons (this form) and a copy of the forms you are filing with the court
that must be personally served are delivered by a deputy sheriff or private process server
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directly to the other party, or
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to someone over the age of fifteen with whom the other party lives.
Personal service is required for all petitions, including petitions for modification. You cannot serve these
papers on the other party yourself or by mail or hand delivery. Personal service must be made by the
sheriff’s department in the county where the other party lives or works or by a private process server
certified in the county where the other party lives or works.
In many counties, there are private process servers who, for a fee, will personally serve the summons and
other documents that require personal service. You should look under “process servers” in the yellow
pages of the telephone book for a list of private process servers in your area. You may use a private process
server to serve any paper required to be personally served in a family law case except a petition for
injunction for protection against domestic or repeat violence.
How do I start?
When you begin your lawsuit, you need to complete this form (summons) and a Process Service
O”
Memorandum,
Florida Supreme Court Approved Family Law Form 12.910(b). The forms should be
typed or printed legibly in black ink. Next, you will need to take these forms and, if you have not already done
so, file your petition with the clerk of the circuit court in the county where you live. You should keep a
copy of the forms for your records. The clerk will sign the summons, and then the summons, a copy of the
papers to be served, and the process service memorandum must be delivered to the appropriate sheriff’s
office or to a private process server for service on the other party.
IF THE OTHER PARTY LIVES IN THE COUNTY WHERE SUIT IS FILED: Ask the clerk in your
county about any local procedures regarding service. Generally, if the other party lives in the county in which
you are filing suit and you want the sheriff’s department to serve the papers, you will file the summons along
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with a Process Service Memorandum,
Florida Supreme Court Approved Family Law Form 12.910(b),
with the clerk and the clerk will forward those papers to the sheriff for service. Make sure that you attach
a copy of the papers you want personally served to the summons. You may also need to provide the sheriff
with a stamped envelope addressed to you. This will allow the sheriff to send the proof of service to you,
C-189
Instructions for Florida Family Law Rules of Procedure Form 12.910(a), Summons: Personal Service on an Individual (9/00)
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