TITLE 25. CIVIL PROCEDURE

CHAPTER 3. SERVICE OF PROCESS AND OTHER PAPERS

Part 1. General Provisions

Person Serving Process -- Penalty For Obstruction -- Exception

25-3-105. Person serving process -- penalty for obstruction -- exception. (1) A process server registered under Title 37, chapter 60, a licensed attorney, or a sheriff, constable, coroner, elisor, or other government employee who is acting in the course of the person's employment while serving process is a public servant for the purpose of determining the offense of obstructing a public servant as provided in 45-7-302.

(2) A person who obstructs a person serving process is guilty of obstruction of a public servant and is punishable as provided in 45-7-302.

(3) An unregistered person who serves 10 or fewer services of process in a calendar year, as provided in 25-1-1101(1), is not acting as a public servant.

History: En. Sec. 1, Ch. 69, L. 1997; amd. Sec. 7, Ch. 405, L. 2007.