Legal Question in Civil Litigation in Pennsylvania

serving papers

What is ''original process'' in regards to serving court documents?


Asked on 7/24/03, 11:44 am

2 Answers from Attorneys

William Marvin Cohen, Placitella & Roth, P.C.

Re: serving papers

Under the PA state court rules, "original process" simply means the first documents which are served on the defendant, to notify them of the lawsuit. Usually this is the Complaint. This is very significant because it triggers the court's jurisdiction, started the response time running, etc.

The practical importance is that service must be made personally by the sheriff (with some alternative procedures possible, such as certified mail for out-of=state defendants). Once you have valid service of the original process, copies of any other court filings can be served by regular mail.

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Answered on 7/24/03, 11:57 am
Blair Lane, Sr Earp Cohn, P.C.

Re: serving papers

I am not quite sure what you are trying to ask or in what context you are asking - However, I assume that "orginal process" involves a lawsuit - under this case, "original process" could mean how and what was served upon you, for example a complaint or law suit. The Courts have certain rules of how they can get jurisdiction over a person and the manner in which a law suit has to be served or give you notice that you are being sued. :original process could be how and when a person received legal papers - for example a person is served by a sheriff or constable and gives a person or leaves for a person the legal papers. So in this example the original proces would be the personal service of the papers on a given date by a constable or sheriff.

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Answered on 7/25/03, 4:21 pm


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