TITLE TWO — COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS AND ORDERS
Rule 4.1. Serving Other Process
In General. Process other than a summons under Rule 4 and other than a subpoena under Rule 32 shall be served by the sheriff of the county in which the person to be served is found, by a deputy sheriff, by the Marshal of the Supreme Court or a deputy marshal where the process issues from the Supreme Court, or by a person specially appointed by the court for that purpose. Such process runs throughout the State. Proof of service is made as Rule 4.2 provides.
Persons Who Are Not Participants in the Case. The electronic filing system serves only the participants in a case, and does so only upon the acceptance of a filing. It gives no notice of any kind to a person who is not a party, an attorney of record, or the assigned judge. Accordingly:
process directed to a person who is not a participant in the case has no effect upon that person until it is personally served under this rule; and
an order which binds a person who is not a participant in the case shall be served upon that person under this rule before it is enforced against that person by contempt or otherwise.
Orders to Show Cause; Injunctions; Restraining Orders. An order to show cause, a temporary restraining order, a preliminary injunction, and a permanent injunction shall be served personally upon each person to be bound who is not a participant in the case, and upon each party by electronic service. Rule 47 governs injunctions.
Orders Binding Persons as to Sensitive Material. An order entered under Rule 5.6 which restrains a person from disclosing or further disseminating material is enforced against persons and not against documents. It shall be served under this rule upon every person it purports to bind who is not a participant in the case, and it binds such a person only from the time of that service.
Civil Contempt. An order requiring a person to appear and show cause why that person should not be held in civil contempt, and an order committing a person for civil contempt, shall be served personally by the sheriff or by the Marshal of the Supreme Court. Rule 53 governs civil contempt.
Process Against Nonparties. Process issued for or against a person not a party is served under this rule, and Rule 52 governs. A copy of the order or process shall be delivered to the person served, together with a statement of the case number and of the court in which the matter is pending.
Post-Judgment Process. Process issued to enforce a money judgment is served and executed as Rules 50, 50.1, and 50.2 provide.
A writ of execution is both a written order and an entry in the in-game warrants system, as 7 R. Stat. § 132.119 requires. The written order is addressed to the Sheriff of the county in which the issuing judge sits and directs the Sheriff to take the defendant into custody, to inform the defendant that outstanding debts are being collected upon, to search the defendant, to seize and sell all legal property at the defined market rate until the debt is satisfied, to seize all illegal property, and to release the defendant once no further property remains to be sold or the property sold satisfies the debt.
The Sheriff serves and executes the writ. No party and no attorney shall serve or execute a writ of execution.
Process of the Administrative Court. Process issued by the Administrative Court against an agency or department is served upon the administrative head of that agency or department as 7 R. Stat. § 131.105 provides, and upon the individual employee or officer named, if any. Where the civil service agency is the moving party in an administrative hearing under 3 R. Stat. § 141.102, process is served upon the employee personally.
Process Requiring an In-Game Act. Where a statute prescribes that an instrument be entered in the in-game warrants system in a stated form, the instrument is not complete until both the written order is signed and the entry is made in the prescribed form, and service under this rule is of the written order.