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Service of Process

Immunity From Service Of Process

Courts typically grant IMMUNITY from process to anyone who comes within reach of the authority of the court only because he is required to participate in judicial proceedings. The purpose of this immunity is to ensure a fair trial by encouraging the active and willing participation of witnesses and parties. If a witness was discouraged from coming into a state because of the risk of being sued in that state, justice would not be served.

Immunity also protects nonresident attorneys, parties, and witnesses from being served with process in unrelated actions while attending, or traveling to, criminal or civil trials within a state. This immunity has been extended to protect out-of-state parties who enter a state not for trial but to settle a controversy out of court. Diplomatic personnel, ambassadors, and consuls who are in the United States on official business are also immune from process.

Additional topics

Law Library - American Law and Legal InformationFree Legal Encyclopedia: Secretary to SHAsService of Process - Methods Of Service, Where Process May Be Served, Who Must Be Served, Process Servers - When Papers Can Be Served