View video: Service: Giving Copies of Court Papers to the Other Side
Service of process is giving a copy of the documents you file with the court to the person on the other side of your case. It is called “serving” the other side. The person on the other side of your case is sometimes called the “other party” or “opposing party.”
There are strict rules about how to serve different kinds of documents. It is very important to understand how to properly serve documents to the other people in your case (or their lawyer if they have one). Doing it wrong can stop your case from moving forward.
The Judge cannot read your court paperwork or take any action in your case until you give a copy of the papers to the other side, or their attorney if they have one.
To be fair to both sides, every party in a court case must:
Yes. You almost always have to give the other side (or their lawyer if have one) a copy of EVERY document you file with the court.
There are very few exceptions. If you are asking for an ex parte protective order for domestic violence, stalking or sexual assault, you can file a petition with the court without serving the other side. However, if you are granted an ex parte protective order, the court will send the other side a copy of the order and notice of a hearing if one is set. If you file any other documents in a protective order case, the police or state troopers will serve the other side. You never have to serve them yourself.
| If the other side is: | Serve: | Special Notes |
|---|---|---|
| an adult representing themselves | the other side | |
| an adult with a lawyer | their lawyer | Do NOT also send copies to the other side, just send to their lawyer. |
| a minor under age 18 | both the minor AND their parent or legal guardian | |
| an incompetent person | both the incompetent person AND
|
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| a deceased person | the court-appointed personal representative for the estate, and name that person as the defendant on the complaint and summons | For example, serve Mary Smith, Personal Representative of the Estate of John Smith, deceased. |
When you start a case, the court will give you a form called a summons. Serve the summons, your complaint, and all other required documents immediately after filing with the court. Read How do I serve the summons and complaint? below. If you don't serve the other side within 120 days of filing, your case will be closed.
After someone starts the case, serve the other side all papers you file with the court either right before or immediately after filing. Make sure the other side has notice of whatever you file right away so that they can respond.
Yes. There are different requirements for serving
The documents that start a case are your complaint, any other required documents, and a form the court gives you when you file your documents, called a summons. You must file the summons, the complaint, and any other documents you file with the complaint by:
You CANNOT serve the summons and complaint by email, TrueFiling, hand delivery, or first class US mail.
Certified Mail
Serving by certified mail is less expensive. Make sure you also pay for restricted delivery and return receipt so that only the defendant signs for the mail and you get the green card or electronic receipt sent back to you when the defendant gets the documents. You must save the green card or other receipt to show you served the other side. You can read how to prepare the envelope and the certified mail postal forms in How to Serve a Summons, CIV 106 
.
Process Server
Hiring a process server is more expensive. It can cost over $130 in Alaska. Sometimes it is a better option if the defendant refuses to sign for the certified mail. You can find a statewide list of authorized process servers on the Alaska Court System’s website. This list is revised periodically, so make sure you use a current list. For process servers outside of Alaska, you need to contact the local court in the area or search the internet.
It is up to you to choose a process server and arrange to pay for their services. If you hire a process server, you will fill out the form Service Instructions, CIV 615 and give to the process server along with the copies to be served. After the process server completes service, you will receive a Proof of Service form. If you are hiring a process service outside of Alaska, provide them with the Return of Service, SHC 193 Word | PDF which they will send back to you after the documents are served. Save the Proof of Service or Return of Service form to prove you served the defendant. You can read more about serving with a process server in How to Serve a Summons, CIV 106 .
After your cases is started, and the complaint and summons are served, there are different rules for service. You can serve most documents in your case by:
Use TrueFiling to serve the other party if:
Use first-class mail or hand delivery if:
If the other side has a domestic violence protective order against you, make sure you do not violate the order when you serve them. If you have questions about how to serve someone when there is a protective order in place, please call the call the Helpline.
You must use TrueFiling to file all your documents with the court if it is available and you are not exempt.
You can see if TrueFiling is available for your case type and court location at https://ak-courts.info/tfcourts.
You are exempt if one of these applies:
You do not need to prove you are exempt. If the form you are filing does not already include a place for you to write that you are exempt from TrueFiling, attach Notice of Change to Use of Email or TrueFiling, TF-820 .
Starting your case: If you are serving the documents that start your case, including your complaint and the summons, read How do I serve the summons and complaint?
After the case is started: Complete service in TrueFiling at the same time that you file with the court, when:
If the other side is not using TrueFiling and did not give an email address, you must mail or hand-deliver your court papers. Show how you did this by filling out a Certificate of Service. Most court forms already include a certificate on the form. If not, attach Certificate of Service, TF-700 .
Alternatively, you can complete the Certificate of Service for hand-delivery or first-class mail in TrueFiling by entering the address information and method of delivery yourself. This will only work if you also serve at least one other person by email in TrueFiling at the same time. You can add yourself and your own email as this other person to serve. See Sample TrueFiling Certificate of Service, PUB-50 .
Starting your case: If you are serving the documents that start your case, including your complaint and the summons, read How do I serve the summons and complaint?
After the case is started: If the other side is using TrueFiling or provided an email address to the court, you can serve the other party by email, first-class mail, or hand-delivery. If the other side is not using TrueFiling and did not provide an email address to the court, you can serve them by first-class mail or hand-delivery only. Show how you served the other side by filling out a Certificate of Service. Most court forms already include a certificate on the form. If not, attach Certificate of Service, TF-700 .
Yes.
| Are you using TrueFiling? | Is the other party using TrueFiling? Did they give the court an email address? |
SERVE: |
|---|---|---|
| Yes, I am using TrueFiling | Yes, they are using TrueFiling | Complete service in TrueFiling. Read Instructions. |
| Yes, I am using TrueFiling | No, they are not using TrueFiling Yes, they gave their email to court |
Complete service in TrueFiling. Read Instructions. You have to type in the other party’s email into TrueFiling to serve them. |
| Yes, I am using TrueFiling | No, they are not using TrueFiling No, they did not give their email to court |
Serve the other party by mail or in person. Fill out the certificate of service on the form or attach Certificate of Service, TF-700 . |
| No, I am not using TrueFiling | Yes, they are using TrueFiling | Serve the other party by email, mail, or in person. Fill out the certificate of service on the form or attach Certificate of Service, TF-700 . |
| No, I am not using TrueFiling | No, they are not using TrueFiling Yes, they gave their email to court |
Serve the other party by email, mail, or in person. Fill out the certificate of service on the form or attach Certificate of Service, TF-700 . |
| No, I am not using TrueFiling | No, they are not using TrueFiling No, they did not give their email to court |
Serve the other party by mail or in person. Fill out the certificate of service on the form or attach Certificate of Service, TF-700 . |
You can only start a case by mailing your documents to the court if TrueFiling is not available or you are exempt. Read How do I know if I should file my court paperwork by TrueFiling or some other way?
If you sent your complaint to the court by mail, you have to wait until the court mails you back a summons and the domestic relations procedural order. Once you get these documents, find your case number on the summons and write it on the complaint. Serve the defendant with:
There are special requirements to serve a complaint and summons.
There are different service requirements if you are filing a Motion for Expedited Consideration along with a regular motion, asking the court to consider your motion on a faster time line because there is an emergency situation. Your Motion for Expedited Consideration must include information that you served the other side, stating:
The court may not grant the motion for expedited consideration before giving the other side a reasonable opportunity to respond, either in person, by telephone, or in writing. If you and the other side are both using TrueFiling, you can serve them through TrueFiling at the same time your file your motion with the court. If you are not using TrueFiling, you usually need to find a way to let the other side know about the expedited motion right away - by hand-delivery, emailing, or calling.
Use the same rules for serving someone in Alaska that are described on this FAQ page.
Serving the other side in a foreign country has special requirements. Please read our information on how to serve someone in a foreign country.
If the other side is in the military and on active duty, they are covered by the Servicemembers Civil Relief Act Public Law 108-189 . This means that you cannot default an active duty servicemember in a divorce or custody case for not answering a complaint.
Congress passed this law to protect military servicemembers from worrying about civil court actions while they are on active duty. Servicemembers may postpone or suspend certain civil obligations so they can devote full attention to duty. There are numerous protections and if this act might apply in your case, you are urged to contact your legal assistance office to learn more
If the defendant is in an Alaska jail facility, there is a special way to serve them, depending on what you are filing.
To serve the summons and complaint (including attachments to the complaint):
, (filled out through paragraph c) The shift supervisor should deliver the documents to the defendant and fill out the Affidavit of Proof of Service at Jail Facility, CIV 140, and send it back to you. Keep the Affidavit of Proof of Service to show you served the defendant.
To serve all other documents (the answer, motions, oppositions, etc.), send by first-class US mail to the other side at the facility’s mailing address.
The method you use to serve depends on what court order you want to modify.
If you are filing a motion to modify custody or support from an order issued by an Alaska court, you serve the other side in the same way as you served them during the case. See How do I serve answers, motions, oppositions and other documents? If the case is closed (the judge already issued a final order or decree), include a Notice of Motion, DR-710 with your motion to modify.
If you want to modify another court’s custody or support order in the Alaska court, you must first register the order in Alaska. After the order is registered, you may ask to modify it if Alaska has jurisdiction. If Alaska does not have jurisdiction, you will have to ask to modify the order in the court that originally issued it. Jurisdiction can be complicated. Read more about modifying foreign orders.
To modify a registered child support order, send a copy of the modification papers to the other party by regular first class mail.
To modify a registered child custody order, send a copy of the modification papers to the other party by:
To modify both a registered child support order and a registered child custody order, send a copy of the modification papers to the other party by:
If you and the other side are both using TrueFiling, moving does not change how you serve each other.
If one of you is not using TrueFiling, it is very important to change your address in the court file if you move. Otherwise, the other side and the court may send documents to your old address and you won't know what is going on in your case. To let the court know you have moved or changed your telephone number, file a Notice of Change of Contact Information, TF 955 . You can also use this form to tell the court if your email or phone number changed.
If you use TrueFiling, the other side will see your email but not your address or phone number. You can use any email you want, but you must check it regularly during your case to make sure you don’t miss seeing any important documents sent by the court or the other side.
If you do not use TrueFiling, you must provide the court and the other side with an address where you will receive mail and a message phone to reach you if necessary in the case. You do not have to give the other side your actual address and phone number if you have safety concerns. You have to ask the court permission to keep your actual contact information confidential. There are different forms depending on what type of case you have.
Cases with child custody issues
If you have child custody issues in your case, you are required to file a Child Custody Jurisdiction Affidavit, DR-150 [Fill-in PDF] and provide the children's addresses for the last five years. If you don't want the other side to know the information in the Affidavit, you can file a Direction to Seal Affidavit, DR-151. Serve the other side with the Direction to Seal Affidavit, but not the Child Custody Jurisdiction Affidavit. The judge will decide whether the Child Custody Jurisdiction Affidavit and the children's addresses are sealed from the other side and public’s view. Remember: don't put your actual contact information on the complaint, answer, or any other documents you file if you don't want the other side to have it.
Cases without child custody issues
With your complaint or answer, you can file an ex parte motion with the court, asking to place your actual address and phone number in a confidential folder.Don't serve the other side with the ex parte motion. Contact the Family Law Self-Help Center or an attorney for information about filing an ex parte motion. Remember don't put your actual contact information on the complaint, answer, or any other documents you file if you don't want the other side to have it.
Yes. You must tell the judge in writing how and when you gave a copy to the other side. This is called a certificate of service (or a proof of service for the summons and complaint).
If you served the other side in TrueFiling, it will automatically create the certificate of service for you. See Sample TrueFiling Certificate of Service, PUB-50 .
If you did not serve the other side in TrueFiling, you must fill out the certificate of service at the end of your court forms, or attach a separate Certificate of Service, TF-700 .
If you don't complete all of the information, the court may reject your filing and your case will not move forward until you file a certificate of service.
If you served the other side in TrueFiling, it will automatically create a certificate of service for you. You do not need to file a separate form.
If you did not use TrueFiling to serve the other side, you must fill out a certificate of service. Most court forms include a certificate of service at the end that you can fill out. If not, attach a separate Certificate of Service, TF-700 .
If you don’t complete all of the information, the court may reject your filing and your case will not move forward until you file a certificate of service.
If you don't file any certificate of service or file an incomplete certificate of service, the court clerk may reject the document. You'll receive a deficiency notice telling you to serve the other side and file a certificate of service. If the clerk accidentally accepts the document for filing but there is no certificate of service, the judge will not read your documents until you serve the other side. Not filing a certificate of service will slow your case down.
You must try hard to find the other side to serve the documents that start a case. This is called diligent inquiry. The judge will require you to do everything you can to find the other person to serve them with your documents. If you are having trouble locating the other side, please read Tips on Locating People, which gives many ideas on how to find someone. You will need to try most of these things before the court will allow your case to move forward.
After you have completed your diligent inquiryand you still can't find the other side, you must ask the court for permission to serve the other side by posting to the court’s legal notice website or by another method that you think will notify the other side about the case. You can file Request to Serve Defendant by Posting and Alternative Serve, CIV-145 . This form includes an affidavit to the court explaining how and where you looked.
Read about the alternative service process.
If you tried to serve the documents by certified mail, restricted delivery, return receipt and hired a process server, but the other side avoided service, you can ask the court to do alternate service. See What if I really tried and still can't find the other side? for instructions on how to ask for permission to do alternative service.
The clerk’s office will help serve legal documents in the domestic violence case.
If someone has a protective order against you, you are the respondent. If the two of you have another case together, like a divorce or custody case, you may serve them in the non-protective order case through a process server while the domestic violence order is in effect. If you cannot afford a process server or there are no process servers in the area, you may ask the court to modify the domestic violence order to permit service of legal papers using a different method by filing:
Wait until you get an order from the court stating how you may serve the other side before you serve the papers. Important: you must follow the protective order, including any restrictions on serving the other side, until the judge changes it in writing.
Call the Helpline to talk about your options for serving someone in this situation.
| Rev. 16 July 2025 © Alaska Court System www.courts.alaska.gov |
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