Motion and Order to Appoint Process Server
There are 15 counties in the state of Florida which require that a Motion and Order to Appoint Process Server be filed and granted before service of process can proceed. The motion and order list the process servers which are court-appointed for the county in which the service is taking place. The Motion and Order gets filed at the time you initiate the filing of your case. Once the Judge has granted the order, the process servers listed on the order can effectuate service.
If service is effectuated without a motion and order, the court or the opposing counsel can file a Motion to Quash, which would be reviewed by the judge and once approved would eliminate the service due to it being considered bad service. Having service quashed would require additional fees for the attorney, since a new summons would need to be issued and fees paid to the process server to redo the service. A process server attempting service without being appointed could result in penalties for the server. Should you wish to go around this process, you can send your service request directly to the Sheriff. The only time a Motion and Order to Appoint Process Server wouldn’t be needed is if it were service with a subpoena or letter.
Below is a list of counties which require the Motion and Order to Appoint Process Server.
Written by Brandi Thrailkill, Orange Legal Process Service Assistant Manager