What Is a Special Process Server and When Do You Need One?

By Fahim | April 10, 2025

If you’re involved in a legal case, chances are you’ll come across the term “process server.” But in some situations, you may hear about a “special process server.”

So what’s the difference? And when would you need one?

Let’s break it down in simple terms so anyone can understand.

What Is a Special Process Server?

A special process server is someone appointed by a court to serve legal documents in a specific case. Unlike regular process servers or sheriffs who serve papers routinely, a special process server is assigned by name and for one case only.

Think of them as a custom-assigned delivery person for your legal documents—approved by a judge to handle the job when standard options aren’t working or aren’t available.

Related: What Is a Process Server? (Simple and Clear Explanation)

When Do You Need a Special Process Server?

You might need a special process server if:

Standard Service Isn’t Working

If the sheriff or a regular process server can’t find the person or failed to serve them after multiple tries, you can request the court to appoint someone else—someone who might be better suited to the situation.

You Want Faster or More Flexible Service

Sheriffs often have long waiting times, and private process servers may have more flexibility to try evenings, weekends, or multiple addresses.

You Want Someone Experienced with Difficult Serves

Special process servers are often experienced professionals who know how to serve evasive or hostile individuals. They can document attempts clearly, which is vital in court.

You’re Filing in a State That Requires Court Appointment

Some states or counties require court approval for any private process server not already on a registered list.

How to Get a Special Process Server Appointed

The process is different in each state, but here’s a general step-by-step:

1. File a Motion with the Court

You or your attorney must ask the judge to appoint a specific person as a special process server.

2. Include the Individual’s Info

You’ll need to list their name, address, and sometimes proof of their qualifications or experience.

3. Judge Reviews and Signs an Order

If the judge agrees, they’ll sign an order appointing that person to serve the documents legally.

4. Serve the Documents

Once appointed, the special process server carries out the job and completes an affidavit of service to prove it was done correctly.

What Makes a Special Process Server “Special”?

It’s not a different job—they still deliver legal documents—but they are:

Court-approved for a specific case
Named individually in the court order
Sometimes held to higher documentation standards
Able to serve in cases where others failed

In short: It’s about legal permission and accountability.

Regular vs. Special Process Server: What’s the Difference?

Feature	Regular Process Server	Special Process Server
Appointed by	Licensed by state or county	Appointed by court for one case
Works on	Many cases	A specific case
Used when	Standard service is possible	Standard service failed or is unavailable
Requires motion to appoint?	No	Yes
More flexible timing?	Sometimes limited	Usually more flexible

Is It Expensive to Appoint a Special Process Server?

Costs vary, but in general:

Filing the motion to appoint one might have a small court fee
Hiring a private process server typically costs $50–$150 per service
Difficult cases or evasive individuals may increase costs due to multiple attempts or travel

Tip: It’s often cheaper and faster to appoint a special process server than waiting weeks for the sheriff—especially in busy counties.

FAQs About Special Process Servers

Is a special process server a government employee?

No. They’re usually private individuals or professionals from an agency who are given temporary permission by a judge.

Can I serve papers myself if I get court approval?

Usually no. Most states don’t allow parties involved in the case (like the plaintiff) to serve papers, even with court permission. You must use someone unconnected to the case.

Is a special process server better than a sheriff?

Not necessarily “better,” but they’re often more flexible, faster, and experienced with difficult serves. For time-sensitive or high-risk situations, they may be the better option.

Do special process servers need training or certification?

It depends on your state. Some require a licensed private investigator, others allow any adult with no legal interest in the case.

Trusted Resources to Learn More

Final Thoughts: When in Doubt, Go Special

A special process server is your backup plan when standard service options aren’t working—or when time and accuracy really matter. They’re trained, flexible, and legally empowered to get the job done when others can’t.

If you’re unsure about whether you need one, talk to a local attorney or visit your court clerk’s office. In many cases, requesting a special process server could save you time, stress, and even the outcome of your case.

Posted in Process Serving