Alabama Rules of Civil Procedure

Rules of civil procedure and service of process requirements for Alabama.

Last updated October 22, 2026

Alabama's rules for serving a summons and complaint are in the Alabama Rules of Civil Procedure, mainly Rule 4 and Rules 4.2 to 4.4. Subpoenas are covered by Rule 45.

Alabama has no statewide license for process servers. Any adult who meets the age and relationship rules in Rule 4 can serve, and no court order is needed.

Disclaimer: Laws change, and this page is a plain-language summary, not legal advice. Check the current rules on the Alabama Supreme Court and State Law Library site or ask an attorney before relying on it.

Alabama process servers

Quick facts: process serving in Alabama

  • Who can serve: A sheriff or constable, or any person 19 or older who isn't a party and isn't related to the party within the third degree by blood or marriage (Rule 4(i)(1)).
  • Licensing: Alabama doesn't license or register process servers statewide.
  • Deadline to serve: Within 120 days of filing the complaint, or the court may dismiss the case without prejudice (Rule 4(b)).
  • Substituted service: Papers can be left at the person's home with someone of suitable age and discretion who lives there (Rule 4(c)(1)).
  • Proof of service: The server signs a return and files it with the clerk (Rule 4(i)(1)(C)).
  • Time to respond: 30 days after service (Rule 12(a)).

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Do you need a license to serve process in Alabama?

No. Alabama has no statewide license, registration or exam for process servers. Under Rule 4(i)(1)(B), a private process server must be:

  • At least 19 years old
  • Not a party to the case
  • Not related to the party asking for service within the third degree by blood or marriage

The 2004 committee comments to Rule 4 say a private server doesn't need a court order to be designated. The server's return must state that they meet these requirements.

For a step-by-step guide, see Become a Process Server in Alabama.

How to serve a summons in Alabama

The summons must be served with a copy of the complaint. A process server has 60 days from when the process is issued to serve it or return it unserved (Rule 4(i)(1)(D)).

Personal service: Rule 4(c)(1)

The server hands the summons and complaint to the person being served, or to an agent authorized by appointment or by law to accept service for them.

Service at the home: Rule 4(c)(1)

The server can leave the papers at the person's dwelling house or usual place of abode with someone of suitable age and discretion who lives there. The return must show that the person who took the papers qualifies.

Certified mail: Rule 4(i)(2)

Certified mail is common in Alabama. The clerk can mail the papers at the plaintiff's written request, or the attorney or party can mail them and file an Affidavit of Certified Mailing of Process and Complaint. The envelope goes return receipt requested, showing who signed, the date and the address. Service is complete when the addressee, or an agent specifically authorized to receive their mail, signs for it.

Commercial carrier: Rule 4(i)(3)

Since August 14, 2023, papers can also be sent by a commercial carrier such as FedEx or UPS. The clerk can only use carriers approved by the Administrative Director of Courts. When a party sends it, they must file a Proof of Service by Commercial Carrier within 10 days of getting the delivery receipt. Service is complete on the delivery date shown on the receipt.

Refusal of service: Rule 4(e)

If the server's return or the certified mail receipt shows the person refused service, the clerk mails a copy by ordinary mail to the address in the complaint. Service is complete when the mailing is entered in the record. The 2023 comments say this doesn't apply when a commercial carrier delivery is refused. In that case, service must be tried again or done another way.

Acceptance or waiver: Rule 4(h)

A defendant can accept or waive service by signing a document that is filed with the clerk.

Service outside Alabama: Rules 4.2 and 4.4

A defendant outside Alabama can be served if they have enough contacts with the state (Rule 4.2). The same people and methods allowed in Alabama can be used. Service in a foreign country is covered by Rule 4.4, and the Hague Service Convention where it applies.

Service by publication: Rule 4.3

Publication is allowed only in limited cases, such as when a defendant avoids service, or in property and marital status cases when the defendant's address is unknown (Rule 4.3). The party or attorney must file an affidavit explaining why. For avoidance, the affidavit must give specific facts, and a server's note that service failed isn't enough on its own. The notice runs once a week for four weeks in a local newspaper, and service is complete on the date of the last publication. The defendant then has 30 days from the last publication to respond.

In domestic relations cases, a party who can't afford publication can ask to serve by first-class mail instead (Rule 4.3(e)). See What is service by publication?

Rule 4 doesn't provide for service by email or social media.

Serving businesses and other entities

  • Corporations, partnerships, LLCs and associations (Rule 4(c)(6)): Serve an officer, a partner (not a limited partner), a managing or general agent, or an agent authorized by appointment or by law. Registered agents are listed with the Alabama Secretary of State.
  • The State of Alabama (Rule 4(c)(7)): Serve the officer in charge of the department or agency, and also serve the Attorney General.
  • Counties, cities and other government bodies (Rule 4(c)(8)): Serve the chief executive officer, the clerk, or another person named by appointment or statute.
  • Minors (Rule 4(c)(2)): Serve a parent, guardian or caregiver. A minor over 16 must also be served personally.

Serving a subpoena in Alabama

Under Rule 45(b), a subpoena can be served by a sheriff or deputy, or by any non-party who is 19 or older and not related to the party within the third degree. It can be handed to the person or left at their home with a person of suitable age who lives there. Certified mail or commercial carrier under Rule 4 also works.

Witness fees and mileage only have to be tendered if the person is told to appear more than 100 miles from home. Before a document subpoena goes to a non-party, the other parties get 15 days' notice and can object within 10 days (Rule 45(a)(3)). Proof is a certified statement filed with the clerk, giving the date and manner of service and the names of the people served.

Proof of service

The server signs a return and files it with the clerk (Rule 4(i)(1)(C)). It must give:

  • The date of service
  • The first and last name of the person served
  • For service at the home, facts showing the person who took the papers qualifies

A private server's return must also include their name, physical address and phone number, and a statement that they meet the Rule 4(i)(1)(B) requirements. A sheriff or constable lists their title and badge or precinct number. The return is prima facie evidence that service was made.

Hire an Alabama process server

Find process servers and agencies across the state in the Alabama process server directory.

More Alabama resources

This page is a general overview of Alabama law, not legal advice. Laws change. Check the current rules or talk to an attorney about your case.

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