Alabama Proof of Service

Introduction

Key Things to Know

1. 1

   A sheriff or constable of the county where the party resides or is found may serve a summons, or any person at least 19 years old who is not a party and is not related to the party within the third degree by blood or marriage (Ala. R. Civ. P. 4(i)(1)). No court order, appointment, or state license is required for that private server. Alabama has no separate numbered proof-of-service form for personal, abode, or certified-mail service; the return is printed on UJS Form C-34, the summons itself, and if the issuing court requires its own version, that court's form controls.

2. 2

   A party to the case cannot serve their own summons. An officer's return need only state the officer's name, official title, and badge or precinct number, with no oath; a private server's return instead must give a name, physical home or business address, telephone number, and a statement that the server meets Rule 4(i)(1)(B)'s age, non-party, and non-relative requirements (Rule 4(i)(1)(C)).

3. 3

   Personal delivery is valid, and so is leaving a copy of the summons and complaint at the person's dwelling house or usual place of abode with someone of suitable age and discretion who lives there. Alabama's rule text sets no prior-attempt or follow-up-mailing condition on this abode service (Rule 4(c)(1)).

4. 4

   Ordinary first-class mail alone does not serve a summons. Certified mail, return receipt requested, is instead a standalone, first-choice method, complete on the date of delivery shown on the signed return receipt (Rule 4(i)(2)). If certified mail or a server is refused, the clerk may mail a copy by ordinary mail, and service is complete once that mailing is entered of record (Rule 4(e)).

5. 5

   Since August 14, 2023, a summons and complaint may also be served by commercial carrier under Rule 4(i)(3) (approved by the Administrative Director of Courts when the clerk initiates service, or any carrier meeting the rule's definition when an attorney or party does), using Form 1C for the summons and Form 1D to prove service. If an attorney or party arranges the delivery, Form 1D must be filed within 10 days of receiving the carrier's delivery receipt.

6. 6

   Service must be made within 120 days of filing the complaint. After that, the court, on motion or its own initiative and after at least 14 days' notice to the plaintiff, may dismiss the action without prejudice, but must extend the time for service on a showing of good cause (Rule 4(b)). There is no separate deadline to file the return once service is made; it is filed as service occurs. If service cannot be completed, the unserved process must be returned to the clerk within 60 days of the clerk's issuance of process (Rule 4(i)(1)(D)).

7. 7

   Later papers are served on the attorney of record, not the party, unless the court orders service on the party directly, by hand delivery, leaving the paper at the office (or at the home if the office is closed or there is no office), mail complete on mailing, or electronic transmission for registered e-filing users (Rule 5(b)). Later papers must be filed with a certificate of service listing everyone served, either before service or within a reasonable time after, though discovery material is generally not filed (Rule 5(d)).

Alabama Requirements for Proof of Service

• Only Certain People May Serve the Summons

  A sheriff or constable of the county where the party resides or may be found, or any person at least 19 years old who is not a party and is not related to the party within the third degree by blood or marriage, may serve a summons; a party to the case cannot (Ala. R. Civ. P. 4(i)(1)).

• No License or Court Order Required for a Private Server

  A private server needs no court order, appointment, or state license. The only requirements are being at least 19 years old, not a party, and not related to the party within the third degree by blood or marriage (Rule 4(i)(1)(B)).

• Return Printed on the Summons, Not a Separate Form

  Alabama has no separate numbered proof-of-service form for personal, abode, or certified-mail service. The return is printed on UJS Form C-34, the summons itself, and a court's own version of that form controls if required.

• Unsworn Return, No Notary Required

  Rule 4(i)(1)(C) requires only that the return be signed by the server and filed with the clerk, stating the date of service and the name of the person served. No oath or notary block appears on the official return.

• Certified Mail Is a Standalone Method, Ordinary Mail Is Not

  Certified mail, return receipt requested, is a valid, standalone way to serve a summons, complete on the date of delivery shown on the signed receipt. Ordinary first-class mail alone does not serve a summons (Rule 4(i)(2); Rule 4(e)).

• Commercial-Carrier Service Since 2023

  Effective August 14, 2023, a summons and complaint may be served by commercial carrier under Rule 4(i)(3), using Summons Form 1C. If an attorney or party initiates the service, proof is filed on Form 1D within 10 days of receiving the carrier's delivery receipt.

• 120 Days to Serve, Plus 14 Days' Notice Before Dismissal

  Service must be made within 120 days of filing the complaint. After that, the court may dismiss without prejudice only after at least 14 days' notice to the plaintiff, and must extend the time for service on a showing of good cause (Rule 4(b)).

• Unserved Process Returned Within 60 Days

  There is no separate deadline to file the return once service is made. If service cannot be completed, the unserved process must be returned to the clerk within 60 days of the clerk's issuance of process (Rule 4(i)(1)(D)).

• Certificate of Service for Later Papers

  Papers after the complaint are served on the attorney of record unless the court orders otherwise, and must be filed together with a certificate of service listing everyone served, either before service or within a reasonable time after; discovery material is generally not filed (Rule 5).