Rhode Island Service of Process Rules
Rhode Island
State Serve Rules
Affidavit
Notary
Required
Refusal service
Yes, state defines as "refusal" on the affidavit
Mailing
Mail for corporate substitute service
Not Required
Mail for substitue service
Not Required
Minors, Incapacitated, and Jail
Incapacitated individuals + care/custody
Must serve individual + care/custody
Jail Care Custody Service
Facility-specific policy
Jail Personal Service
Facility-specific policy
Service to a minor
individual and parent/guardian
Proof Specialists
Mirrors Fed Rules
Yes
M&O
Not required for service
Substitute Service Rules - Business / Entity
Corporate subservice at a residence
Not Permissible
Government substitute service
No, must serve head of agency
Service of Corporate Person in charge
Yes, may serve person in charge or any employee
Workplace substitute service
Not Permissible
Substitute Service Rules - Individuals
Due diligence prior to substitute service
Not Required
Minimum age for substitute service
Suitable age and discretion
Residential substitute service
Permissible
Spousal Service
Not Permissible
Subpoena Personal Service Only?
Yes
Substitute serve by posting (Nail & Mail)
Not permissible, must serve documents
When and where can you serve?
Endorcing the Summons prior to serving
Not required
Serve at a nursing home
Client policy
Sunday Service
Not Permissible
Eviction Summons Rules
Additional Rules - Eviction Summons
Additional rules - TM
Attorney is required to mail at the time of filing
Mailing
Certified Mail
No
Mail always?
No
Mail if posted
Not Required
Mail if subserve
No
Mail SLA
n/a
Posting Rules
Due Diligence Prior to Posting
Required
Posting
Permissible
Eviction Posting Rules
Additional Rules
Additional rules - TM
1) Personal 2) 1st Class
Affidavit
Notary for Notice
Not required
Mailing
Certified Mail
No
Mail always?
Optional
Mail SLA
5
Proof Specialists
Server/Marshal Required?
Server
**By Whom Served.** Service of all process shall be made by a sheriff or the sheriff’s deputy, within the sheriff’s county, by a duly authorized constable, or by any person who is not a party and who is at least 18 years of age.
**Personal Service, Individual.** Upon an individual from whom a waiver has not been obtained and filed … by delivering a copy… to the individual personally.
**Substituted.** By leaving copies thereof at the individual’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein…
**Special Rules.** Special rules are prescribed for the following circumstances and the Server should consult with their Territory Manager for more details: Upon an incompetent person…
**Corporations.** …from which a waiver has not been obtained and filed, by delivering a copy of the summons and complaint to an officer, a managing or general agent, or by leaving a copy … at an office of the corporation with a person employed therein…
**Return of Service.** If service is not waived, the person effecting service shall make proof thereof on the original process or a paper attached thereto for that purpose, and shall forthwith return it to the plaintiff’s attorney. If service is made by a person shall make affidavit thereof. .. Failure to make proof of service does not affect the validity of the service.
**Sunday.** Service of process is prohibited on Sundays pursuant to General Laws of Rhode Island §9-5-24.
