|
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" |