Rule 1.1407.Service of writ
Division XIV: Certiorari · Last amended January 1, 2009 · Last verified July 15, 2026
Full Text of Rule 1.1407
Plain-English Summary
Rule 1.1407 sets the mechanics for getting the certiorari writ into the defendant's hands. Service must be made by a sheriff or deputy sheriff, unless the defendant chooses to accept service instead of requiring formal delivery. The rule then tailors who receives that service to the kind of defendant involved: if the writ is issued to a magistrate, service goes to the magistrate or the clerk of that court; if it's issued to a board or other tribunal, service goes to the board's or tribunal's secretary, clerk, or any member.
The method of service is specific too — delivery of the original writ, not a copy. Once that's done, a copy of the writ, along with the return showing how and when service was made, must be returned to the clerk of the court that issued the writ, closing the loop so the record shows service was properly completed.
Frequently Asked Questions
Who serves the certiorari writ on the defendant?
Rule 1.1407 requires service by a sheriff or deputy sheriff, unless the defendant accepts service of the writ instead.
If the writ is directed to a magistrate, who gets served?
Rule 1.1407 provides that service on a magistrate defendant is made on the magistrate or the clerk of that court.
What if the defendant is a board rather than an individual officer or magistrate?
Rule 1.1407 requires service on the board's or tribunal's secretary, clerk, or any member.
Is a copy of the writ enough, or does the original have to be delivered?
Rule 1.1407 requires service by delivery of the original writ, not merely a copy.
What happens after the writ is served?
Rule 1.1407 requires that a copy of the writ, along with the return of service, be returned to the clerk of the court that issued the writ.