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NO SUNDAY SERVICE (SERVICE OF PROCESS) (SERVICE ON SABBATH/HOLIDAYS)

 

STATE REFERENCE COMMENTS/EXCEPTIONS
Florida Title VI, Chapter 48.20 "...If affidavit is made by the person requesting service or execution that he or she has good reason to believe that any person liable to have any such writ, process, warrant, order, or judgment served on him or her intends to escape from this state under protection of Sunday, any officer furnished with an order authorizing service or execution by the judge or magistrate of any incorporated town may serve or execute such writ, process, warrant, order, or judgment on Sunday, and it is as valid as if it had been done on any other day. "
Title VI, Chapter 48.20
Georgia

Georgia Common Day of Rest

 

Go to the following link to look up the listed code sections (LexisNexis(R)): http://w3.lexis-nexis.com/hottopics/gacode/

O.C.G.A. 10-1-570
O.C.G.A. 10-1-571
O.C.G.A. 10-1-572
O.C.G.A. 10-1-573
O.C.G.A. 10-1-574
O.C.G.A. 10-1-575
O.C.G.A. 10-1-576
O.C.G.A. 15-6-93
Maine Title 14: COURT PROCEDURE--CIVIL, Part 2: PROCEEDINGS BEFORE TRIAL, Chapter 203: PROCESS, Subchapter 4: SERVICE

705. Civil process served on Sunday void; officer liable

"This section does not apply to service or execution of a protection from harassment order issued under Title 5, chapter 337-A or a protection from abuse order issued under Title 19-A, chapter 101. "
Massachusetts Chapter 136: Section 8 Service or execution of process ART I. Administration of the Government, TITLE XX. Public Safety and Good Order, Chapter136. Observance of a Common Day of Rest and Legal Holidays, Business Trade, Labor or Work On Sunday.
Chapter 136: Section 13 Application of secs. 5--11; Certain Holidays are exempt from the prohibition of service of process!
Michigan

REVISED JUDICATURE ACT OF 1961 (EXCERPT), Act 236 of 1961, 600.1831 Civil process; exemptions.

INCLUDES ELECTION DAYS!

600.1831(1)Civil process; exemptions

"...but upon sufficient cause being shown by affidavit to the satisfaction of a judge of any circuit, that judge may make any restraining order or authorize the issuance of and service or execution of any writ on Sunday, as on other days. "

600.1831(2) Civil process; exemptions

Minnesota Minnesota Statue 624.04 "...except in case of a breach or apprehended breach of the peace, or when
sued out for the apprehension of a person charged with crime, or where such service is expressly authorized by statute,..."
Minnesota Statue 645.44 "Subd. 5. Holidays. ...nor shall any civil process be served thereon. "
Minnesota Statue 518B.01 Domestic Abuse Act.
 

 

"... Subd. 8a. Short form notification. ... (d) For service under this section only, service upon an individual may occur at any time, including Sundays, and legal holidays."
Domestic Abuse Act.
New York General Business Law, Chapter 20, Article 2, Sections 11 (Serving civil process on Sunday) & 13 (Maliciously serving process on Saturday on persons who keep
Saturday as holy time)
 
Rhode Island General Laws of Rhode Island, 9-5-24 Service on Sunday void  
South Dakota 1-5-2. Business and official acts permitted on holidays, excepting Sundays "...provided, that for good cause, a judge in whose court an action has been or is about to be brought, may endorse upon any process or notice permission to serve the same on Sunday, and if so endorsed, service thereof on Sunday shall be valid."

1-5-2.

Tennessee 20-2-106. Process on Sunday generally prohibited
20-2-105. Service of process on Sunday on parties leaving jurisdiction
20-2-104. Issuance of process on Sunday
Texas Texas Rules of Civil Procedure Rule 6 "No civil suit shall be commenced nor process issued or served on Sunday, except in cases of injunction, attachment, garnishment, sequestration, or distress proceedings, provided that citation by publication published on Sunday shall be valid."
(Amended Oct. 3, 1972, eff. Feb. 1, 1973.)
Virginia 8.01-289. No service of process on Sunday; exceptions "...except in cases of persons escaping out of custody, or where it is otherwise expressly provided by law." 8.01-289
West Virginia West Virginia Code 56-3-16. Execution of process on Sunday.
 
 
U.S. Sites National Association of Professional Process Servers "State Laws Prohibiting Service of Process on Sundays/Holidays"
U.S. Sites National Association of Professional Process Servers State & Federal Laws: Licensing Process Servers; Prohibiting Service of Process on Sundays/Holidays; Prohibiting Interference with Service of Process; Federal Law Prohibiting Interference with Service of Process.