Cranston, Rhode Island Process Servers

Rhode Island is small, but who can serve your papers depends on which court the case is in. Get that wrong and the service can be thrown out.

Superior Court or District Court?

Sources: Super. R. Civ. P. 4(c), 4(l) and 12(a); Dist. R. Civ. P. 4(c) and 4(j), Rhode Island Judiciary.

Most private process serving in Rhode Island is done by certified constables. A certified constable can serve writs and process for any state court, anywhere in the state (R.I. Gen. Laws § 9-5-10.1). Constables are certified by the Department of Business Regulation and recertify every two years. Serving process without authority is a crime in Rhode Island (§ 45-16-14), so it's worth confirming a server's status before you hire.

Never on a Sunday

Civil process served on a Sunday is void in Rhode Island (§ 9-5-24). Plan attempts Monday through Saturday.

How papers are served

• In hand to the defendant, or to an agent authorized to accept service.
• At home, left with someone of suitable age and discretion who lives there.
• At work. An employer can't refuse or block service on an employee at the workplace, though it can choose where on site service happens (§ 9-5-35).

Businesses can be served through an officer, director, manager or registered agent, or by leaving the papers with an employee at one of the company's offices (Super. R. Civ. P. 4(e)). Look up registered agents with the Rhode Island Department of State's business search.

Proof of service

A server who isn't an officer signs an affidavit of service, and the plaintiff files it within the time the defendant has to respond. Missing that filing doesn't by itself make the service invalid.

More detail is in the Rhode Island process serving laws. See also courts in Rhode Island, or order service online.

This is a general summary, not legal advice.