PROCESS

(a) Summons: Issuance. Upon the filing of a complaint, the clerk shall forthwith issue a summons and deliver it to the plaintiff for personal service along with the complaint by a person authorized to serve process. Electronic service of a complaint and the accompanying summons shall not be allowed. Upon request of the plaintiff, separate or additional summons shall issue against any defendant. (b) Summons: Form. The summons shall (1) be signed by the clerk under the seal of the court, (2) contain the name of the court, the names of the parties, and the date when issued, (3) be directed to the defendant, (4) state the name, address, telephone number, and electronic mail address of the plaintiff’s attorney, if any, otherwise the plaintiff’s address, telephone number, and electronic mail address as long as no order has been filed designating the plaintiff’s information as confidential. (5) state the time within which the defendant is required to appear and defend under these Rules and notify the defendant that the failure to appear and defend may result in an entry of default and default judgment being rendered against the defendant for the relief demanded in the complaint, and (6) state that the summons shall be personally served but that it shall not be personally served between 10:00 p.m. and 6:00 a.m. on premises not open to the public, unless a judge of the family or circuit courts permits, in writing on the summons, personal delivery during those hours. When, under Rule 4(e) of these Rules, service is made pursuant to a statute or order, the summons or notice, or order in lieu of summons, shall correspond to that required by the statute or order. (c) Summons: By whom served. Service shall be made: (1) anywhere in the State by the sheriff or the sheriff's deputy, by some other person specially appointed by the court for that purpose, or by any person who is not a party and is 18 years of age or older; or (2) in any county by the chief of police of that county or a duly authorized subordinate. Subpoena, however, shall be served as provided in Rule 45 of these Rules. (d) Summons: Personal service. The complaint and the accompanying summons shall be served together. The plaintiff shall furnish the person making service with such copies as are necessary. Service shall be made as follows: (1) Upon an individual other than a child or an incompetent person, (A) by delivering a copy of the summons and of the complaint to the individual personally or in case the individual cannot be found 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 or (B) by delivering a copy of the summons and of the complaint to an agent authorized by appointment or by law to receive service of process. (2) Upon a child, by delivering a copy of the summons and of the complaint personally (A) to the parent or parents, custodian, or guardian of the minor or as provided by order of the court and (B) except as required by statute, if the child is 16 years or over, also to the child. (3) Upon an incompetent person, by delivering a copy of the summons and of the complaint personally (A) to the guardian of the incompetent person or to the guardian or conservator of the incompetent person’s property, or if the incompetent person is living in an institution, care facility or care home, then to the director or chief executive officer of the institution or owner or operator of the care facility or care home, or if service cannot be made upon either of them, then as provided by order of the court, and (B) unless the court otherwise orders, also to the incompetent person. (4) Upon a domestic or foreign corporation or upon a partnership or other unincorporated association which is subject to suit under a common name, by delivering a copy of the summons and of the complaint to an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process and, if the agent is one authorized by statute to receive service and the statute so requires, by mailing a copy to the defendant. (5) Upon the State, by delivering a copy of the summons and of the complaint to the attorney general of the State, or to the assistant attorney general or to any deputy attorney general who has been appointed by the attorney general. (6) Upon an officer or agency of the State, by serving the State and by delivering a copy of the summons and of the complaint to such officer or agency. If the agency is a corporation, the copies shall be delivered as provided in paragraph (4) of this subdivision of this Rule. (7) Upon a county, as provided by statute or the county charter, or by delivering a copy of the summons and of the complaint to the corporation counsel or county attorney or any of the deputies. (8) Upon an officer or agency of a county, by serving the county and by delivering a copy of the summons and of the complaint to such officer or agency. If the agency is a corporation the copies shall be delivered as provided in paragraph (4) of this subdivision of this Rule. (9) Upon a defendant of any class referred to in paragraph (d)(1), (d)(2), or (d)(3) of this Rule, it is also sufficient if the summons and complaint are served in the manner prescribed by any statute. (e) Summons: Other service. (1) Whenever a statute or an order of court provides for service upon a party who is not a resident of or found within the State of a summons, or of a notice, or of an order in lieu of summons, service shall be made under the circumstances and in the manner prescribed by the statute or order. (2) Whenever a statute or an order of court requires or permits service by publication of a summons, or of a notice, or of an order in lieu of summons, any publication pursuant thereto shall be made under the circumstances and in the manner prescribed by the statute or order. Whenever the publication in a newspaper of any summons, process, notice or order is permitted, evidence of such publication shall be given by the affidavit or declaration of the editor, publisher, manager, foreman, clerk or printer of such newspaper, not interested in the suit, action, matter or proceeding to which such publication relates, to which affidavit or declaration shall be attached a copy of such summons, process, notice or order, and which affidavit or declaration shall also specify the dates and times when and the newspaper in which the publication was made. Said affidavit or declaration shall be filed with the clerk before the time fixed for hearing. (3) Whenever a statute or order of court requires or permits service by posting the pleadings and summons at a courthouse and sending a copy of the pleadings and summons to the individual’s last known address by certified mail with a return receipt requested and a directive to deliver to addressee only (i.e. restricted delivery), service shall be made under the circumstances and in the manner prescribed by the statute or order. (f) Territorial limits of effective service. All process may be served anywhere within the State and, when a statute or order so provides, beyond the limits of the State. (g) Return. The person serving the process shall make proof of service thereof to the court promptly and in any event within the time during which the person served must respond to process. Proof of service may also be shown through the filing of an acknowledgment of service by an attorney or party or the filing of an appearance and waiver pursuant to Rule 8(h) of these Rules. When service is made by any person specially appointed by the court, that person shall make an affidavit or declaration of such service. (h) Amendment. At any time in its discretion and upon such terms as it deems just, the court may allow any process or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued. (Amended March 30, 2022, effective April 25, 2022.)