Serving papers means getting a copy of the papers you file with the court to the other party in the case.

You must serve copies of all the papers you file with the court on the other party (or their attorney, if they have one). The rules of service are different depending on where you are in the case. The requirements can be stricter to start a new case than after the case has already started.

You are also required to provide proof to the court the papers were served. At the start of the case it could be one of these documents, depending on which service method was used:

  • Acceptance of Service form (400-00844)
  • Waiver of Service form (400-00820) (sometimes called "acknowledgement") Please note this form can only be used by a Plaintiff if there are no minor children involved in the case.
  • the signed card from the post office and a Certificate of Service form (600-00264)  
  • return of service (provided by the Sheriff or Constable)
  • publication affidavit (from the newspaper)

After the initial papers have been served and the case is underway, you can use the Certificate of Service form (600-00264) to prove service.

The rules of service in family division cases are different depending on whether the case involves minor children or not.

Minor children are not involved in the case

If the case does not involve minor children, you are responsible for making sure the other party is properly served with a copy of the summons and complaint.

The service options are described below.

It is also possible to pay an extra fee to have the court handle service of the summons and complaint for you.

 

Acceptance of Service

You can hand the summons and complaint to the other party yourself, but they must sign an Acceptance of Service form (400-00844). You must file the signed form with the court. A signed form filed with the court is proof of service by this method.  

Be sure to list all of the documents you handed to the other party on the Acceptance of Service form. 

By signing the Acceptance of Service form, the other party is saying they received the papers and the case can go forward. They are not saying they agree with the complaint. They are not giving up any rights, defenses or objections they have. If they disagree with what is being asked for in the complaint, they can file an answer with the court by the deadline. 

If the other party won't sign the Acceptance of Service form, you will have to try a different kind of service.

 

First Class Mail and Waiver of Service

You can mail your papers to the other party by regular first class mail and include a Notice of Action and Request for Waiver of Service of Summons form (400-00820). This is sometimes called an "acknowledgement."

If the other party agrees to waive service, they must sign the form and - within 21 days of the date it was mailed - either email the signed form to you using the email address you provided, or mail it to you using a postage-paid envelope you provided. A signed form filed with the court is proof of service by this method.  

By signing the waiver of service form, the other party is saying they received the papers and the case can go forward. They are not saying they agree with the complaint. They are not giving up any rights, defenses or objections they have. If they disagree with what is being asked for in the complaint, they can file an answer with the court by the deadline. 

If the other party doesn't file a signed waiver of service by the deadline, you will have to try a different kind of service.

 

Certified Mail

You can serve the other party by certified mail, return receipt requested, with delivery restricted. The other party must sign a green card to receive the envelope. The post office will return the signed card to you. You must file the green card and a Certificate of Service form (600-00264) with the court. The signed card and Certificate of Service are proof of service by this method. 

If the post office is unable to deliver the envelope to the other party, you will have to try a different kind of service.

 

Service by Sheriff or Constable

You can have the other party served by a sheriff or constable.

There is a fee to have a sheriff or constable serve. You can ask to have the service fee waived as part of a request to waive your filing fees. See the Application to Waive Filing Fees and Service Costs web page for information.

The cost of service depends on things like how many miles they have to drive and how many times they have to try to deliver the documents. You can reduce travel costs by working with the sheriff or a constable located near the other party. You can find the contact information for all Vermont sheriffs on the Vermont Sheriffs' Association website. There is no online list Vermont constables, but you can check with the town clerk for information about the local constable.

Once the sheriff serves the documents, they will send you a document called Return of Service. It will list the documents the sheriff served and the amount they charged. File the Return of Service with the court. The Return of Service is proof of service by this method.

If the sheriff or constable is unable to serve the other party, you will have to try a different kind of service.

 

Service by Publication

If you can't find the other party to have them served, or if you have tried to have them served by certified mail or by a sheriff or constable and it didn't work, you can ask the court for permission publish a notice in a newspaper. This is called service by publication. 

To make the request, you must file a written motion for service by publication. A "motion" is a request. You can use the Miscellaneous Motion form (400-00830) and Family Division Affidavit (400-00804) to make the request.

If the court approves your request, you must contact the newspaper approved by the court and arrange to have them publish the notice. You must publish the notice in the paper for two or more successive weeks. You must have it published for the first time within 21 days of the date the court issued the order. You will have to pay any fees that the newspaper charges unless the court waived your fees and costs of service.

Once the time period for publishing the notice is complete, you must file a copy of the notice and the newspaper's affidavit saying when and where the notice ran with the court. The notice and newspaper's affidavit are proof of service by this method. 

Minor children are involved in the case

If the case involves minor children, court staff will handle service (delivery) of the summons and complaint on the other party. When you file your case, the clerk will ask you which method of service you prefer. If you don't pick a method, the court will serve by certified mail.

All service options are described below.

 

Acceptance of Service

This service option allows you to serve the other party yourself, but it requires some cooperation from the other party. If you think the other party is willing to cooperate, you may hand the summons and complaint to them. They must sign an Acceptance of Service form (400-00844). You must file the signed form with the court. A signed form filed with the court is proof of service by this method.

Be sure to list all of the documents you handed to the other party on the Acceptance of Service form. 

By signing the Acceptance of Service form, the other party is saying they received the papers and the case can go forward. They are not saying they agree with the complaint. They are not giving up any rights, defenses or objections they have. If they disagree with what is being asked for in the complaint, they can file an answer with the court by the deadline. 

If the other party won't sign the Acceptance of Service form, you will have to use a different kind of service.

 

First Class Mail and Waiver of Service

Court staff can mail the papers to the other party by regular first class mail and include a Notice of Action and Request for Waiver of Service of Summons form (400-00820). This is sometimes called an "acknowledgement." Please note this form can only be used by a Plaintiff if there are no minor children involved in the case.

If the other party agrees to waive service, they must sign the form and - within 21 days of the date it was mailed - either email the signed form to you using the email address you provided, or mail it to you using a postage-paid envelope you provided. A signed form filed with the court is proof of service by this method.  

By signing the waiver of service form, the other party is saying they received the papers and the case can go forward. They are not saying they agree with the complaint. They are not giving up any rights, defenses or objections they have. If they disagree with what is being asked for in the complaint, they can file an answer with the court by the deadline. 

You are responsible for the fee for this type of service unless the court waived your fees and costs of service. The cost is $3.00.

If the other party doesn't file a signed waiver of service by the deadline, you will have to use a different kind of service and pay any additional service fees unless granted a waiver.

 

Certified Mail

Court staff can serve the papers on the other party by mailing them by certified mail, return receipt requested, with delivery restricted. You will need to provide the other party's address. You are responsible for the fee for this type of service unless the court waived your fees and costs of service. The cost is $13.00.

The other party must sign a green card to receive the envelope. The post office will return the signed card to the court. The signed card is proof of service by this method. 

If the other party refuses to accept the certified mail, the court clerk can send the papers by first class mail. Not picking up the certified mail is not considered to be a refusal. If the post office is unable to deliver the envelope to the other party, you will have to use a different kind of service.

 

Service by Sheriff or Constable

You can have the other party served by a sheriff or constable.

There is a fee to have a sheriff or constable serve. You can ask to have the service fee waived as part of a request to waive your filing fees. See the Application to Waive Filing Fees and Service Costs web page for information.

The cost of service depends on things like how many miles they have to drive and how many times they have to try to deliver the documents. You can reduce travel costs by working with the sheriff or a constable located near the other party. You can find the contact information for all Vermont sheriffs on the Vermont Sheriffs' Association website. There is no online list Vermont constables, but you can check with the town clerk for information about the local constable.

Once the sheriff serves the documents, they will send you a document called Return of Service. It will list the documents the sheriff served and the amount they charged. File the Return of Service with the court. The Return of Service is proof of service by this method.

If the sheriff or constable is unable to serve the other party, you will have to try a different kind of service.

 

Service by Publication

If you can't find the other party to have them served, or if attempts to have them served by certified mail or by a sheriff or constable didn't work, you can ask the court for permission publish a notice in a newspaper. This is called service by publication. 

To make the request, you must file a written motion for service by publication. A "motion" is a request. You can use the Miscellaneous Motion form (400-00830) and Family Division Affidavit (400-00804) to make the request.

If the court approves your request, you must contact the newspaper approved by the court and arrange to have them publish the notice. You must publish the notice in the paper for two or more successive weeks. You must have it published for the first time within 21 days of the date the court issued the order. You will have to pay any fees that the newspaper charges unless the court waived your fees and costs of service.

Once the time period for publishing the notice is complete, you must file a copy of the notice and the newspaper's affidavit saying when and where the notice ran with the court. The notice and newspaper's affidavit are proof of service by this method.