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Rule 501.3. Duties Of Officer Or Person Receiving Citation; Return Of Service (2013)


(a) Endorsement; Execution; Return. The officer or authorized person to whom process is delivered must:
    (1) endorse on the process the date and hour on which he or she received it;
    (2) execute and return the same without delay; and
    (3) complete a return of service, which may, but need not, be endorsed on or attached to the citation.
(b) Contents of Return. The return, together with any document to which it is attached, must include the following information:
    (1) the case number and case name;
    (2) the court in which the case is filed;
    (3) a description of what was served;
    (4) the date and time the process was received for service;
    (5) the person or entity served;
    (6) the address served;
    (7) the date of service or attempted service;
    (8) the manner of delivery of service or attempted service; (9) the name of the person who served or attempted service;
    (10) if the person named in (9) is a process server certified under Supreme Court Order, his or her identification number and the expiration date of his or her certification; and
    (11) any other information required by rule or law.
(c) Citation by Mail. When the citation is served by registered or certified mail as authorized by Rule 501.2(b)(2), the return by the officer or authorized person must also contain the receipt with the addressee's signature.
(d) Failure to Serve. When the officer or authorized person has not served the citation, the return must show the diligence used by the officer or authorized person to execute the same and the cause of failure to execute it, and where the defendant is to be found, if ascertainable.
(e) Signature. The officer or authorized person who serves or attempts to serve a citation must sign the return. If the return is signed by a person other than a sheriff, constable, or clerk of the court, the return must either be verified or be signed under penalty of perjury. A return signed under penalty of perjury must contain the statement below in substantially the following form:
"My name is (First) (Middle) (Last) , my date of birth is (Month) (Day), (Year) , and my address is (Street), (City), (State) (Zip Code), (Country) . I declare under penalty of perjury that the foregoing is true and correct. Executed in _____County, State of ____, on the ____ day of (Month) , (Year) .
(f) Alternative Service. Where citation is executed by an alternative method as authorized by 501.2(e), proof of service must be made in the manner ordered by the court.
(g) Filing Return. The return and any document to which it is attached must be filed with the court and may be filed electronically or by fax, if those methods of filing are available.
(h) Prerequisite for Default Judgment. No default judgment may be granted in any case until proof of service as provided by this rule, or as ordered by the court in the event citation is executed by an alternative method under 501.2(e), has been on file with the clerk of the court 3 days, exclusive of the day of filing and the day of judgment.

Added by order of April 15th, 2013, eff. Aug. 31, 2013.