Connecticut State Marshal vs. Private Process Server (Indifferent Person Rules under C.G.S. § 52-50 & § 52-143)

Understanding Connecticut's Dual System: State Marshals & Indifferent Persons

Unlike states where county sheriffs handle civil process, Connecticut abolished county sheriffs in the year 2000 and replaced them with commissioned Connecticut State Marshals, while simultaneously preserving the statutory authority of an 'Indifferent Person' (a private process server who is at least 18 years old and has no personal or financial stake in the outcome of the case).

Under Connecticut General Statutes (C.G.S.) § 52-50(a), all process in Connecticut state court civil actions shall be directed to a state marshal, a constable, or other proper officer—or, in specific statutory circumstances, to an indifferent person. Understanding the exact line between documents that require a State Marshal and the massive volume of legal documents that an Indifferent Person / Private Process Server serves directly saves law firms time, money, and missed deadlines.

Where Private Process Servers (Indifferent Persons) Operate Directly Without Bottlenecks

In Connecticut, a private process server qualifying as an Indifferent Person has full statutory authority to serve all of the following without waiting in a state marshal queue:

1. All Connecticut Trial & Deposition Subpoenas (C.G.S. § 52-143 & § 52-148e): Both C.G.S. § 52-143(a) (trial/hearing subpoenas) and § 52-148e(b) (deposition subpoenas) explicitly state that 'Subpoenas shall be served by a proper officer or an indifferent person.' Private process servers serve the vast majority of civil, medical records, corporate, and deposition subpoenas across Connecticut.

2. Out-of-State / Foreign Subpoenas Domesticated Under Connecticut UIDDA (C.G.S. § 52-658): Under the Connecticut Interstate Depositions and Discovery Act, once a foreign subpoena is reissued by a Superior Court clerk or Connecticut attorney, it is served by an indifferent person pursuant to § 52-143 and § 52-148e.

3. All Out-of-State Lawsuits (Summonses & Complaints from NY, NJ, MA, CA, FL, TX, etc.): When a lawsuit is pending in New York Supreme Court, Massachusetts Superior Court, or any other state court and the defendant or registered agent is located in Connecticut, C.G.S. § 52-50 does not restrict service. Any private process server (18+, non-party) may serve the out-of-state summons and complaint anywhere in Connecticut.

4. All Federal Court Actions (U.S. District Court for the District of Connecticut & All Federal Courts): Under Federal Rule of Civil Procedure 4(c)(2) and FRCP Rule 45(b)(1), any person who is at least 18 years old and not a party may serve a federal summons, complaint, or subpoena.

5. Connecticut Small Claims Writs (Practice Book § 24-10): When a Small Claims Writ and Notice of Suit (Form JD-CV-40) is not served by priority mail/certified courier, an indifferent person or proper officer may effect personal or abode service and execute the sworn Return of Service.

6. Post-Judgment Interrogatories (C.G.S. § 52-351b): When a judgment creditor serves initial post-judgment interrogatories on a debtor or third party by certified mail and receives no response, follow-up service protocol utilizes proper officer/indifferent person service depending on the stage.

When Is a State Marshal (or Special Indifferent Person Oath) Required Under C.G.S. § 52-50?

For original mesne process initiating a lawsuit in the Connecticut Superior Court (Form JD-CV-1 Civil Summons, Family Dissolution Summons JD-FM-3, Summary Process Notice to Quit & Eviction Summons under § 47a-23, or Prejudgment Remedies under § 52-278a), C.G.S. § 52-50(a) generally requires direction to a State Marshal or Constable.

However, C.G.S. § 52-50(b) contains two statutory exceptions allowing a Connecticut Superior Court writ to be directed to an Indifferent Person:

• Multiple Defendants in Different Counties: If more than one defendant is named in the writ, and they reside in different Connecticut counties; OR

• Imminent Loss of Debt / Statute of Limitations Emergency: If the plaintiff or plaintiff's attorney swears an oath before the authority signing the writ that they truly believe the plaintiff is in danger of losing their debt or demand unless an indifferent person is deputed for the immediate service of the writ, and the signing authority certifies on the writ that they administered that oath.

At Connecticut Process Service LLC, we handle all Indifferent Person serves (subpoenas, federal process, UIDDA, out-of-state writs, small claims) directly and coordinate seamlessly with commissioned officers whenever a Superior Court mesne writ or wage/bank execution requires a State Marshal.