National Association of Professional Process Servers

States With Laws Prohibiting Holiday Service

State Laws Prohibiting Service of Process on Sundays/Holidays

All state court papers should be served in accordance with the law of the state having original jurisdiction (where the complaint is filed).

Several states do not permit documents to be served on Sundays or Holidays, but some of these states will permit service under special circumstances pursuant to Court Order.

If you live in a state where Sunday service is not permitted, it is your obligation to include this information in your instruction sheet when forwarding work to out-of-state members. See the Rules of Procedure section at the beginning of each state§s listing for a more detailed explanation of the statutes cited here.

Florida Sundays
Florida Statutes §48.20

Maine Sundays
Maine Revised Statutes §705

Massachusetts Sundays
General Laws of Massachusetts Chapter 136, Sec. 8

Minnesota Sundays and Holidays
Minnesota Statute §645.44(5)

New York Sundays
New York General Business Law §11 Upon person who keeps SATURDAY as holy time New York General Business Law §13

Rhode Island Sundays
General Laws of Rhode Island §9-5-24

South Dakota Sundays
South Dakota Codified Laws §1-5-2

Tennessee Sundays except by Court Order
Tennessee Code Annotated §20-2-105 and 106

Texas Sundays
Texas Rules of Civil Procedure, Rule 6

Virginia Sundays
Code of Virginia §8.01-289

West Virginia Sundays
West Virginia Code §56-3-16