Monday, April 26, 2010

Judiciary Licenses Special Process Servers

The job is known as a "Special Process Server" because under Guam law, certain documents must be served by "a person specially appointed for that purpose."

Until very recently, only special process servers could serve a complaint. In 2007 changes were made to the Guam Rules of Civil Procedure that eliminated this requirement, and now any person over 18 who is not related to a party can serve the lawsuit on the person being sued. However, there are still a number of official court documents that have to be served by a special process server, mostly technical documents required by law to be served by a person with special training.

Until recently, a person could be appointed as a special process server on Guam by asking the court for the designation. However, most state courts require special training for licensees. Guam has followed this trend, and now requires that people who make their living by serving special court documents be trained and tested.

After developing, discussing and implementing the Process Server Regulations, the Judiciary will train its first class of special process servers in Spring 2010. The Judiciary also will issue new identification badges that a special process server must use in serving documents, so that the public is aware the person has been trained and licensed pursuant to Judiciary regulations.

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