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This part of the Florida statutes raises an interesting question: Can process be served on Sundays? There is no simple response to that question, the answer to which has a qualifier.

The short answer is that serving any writ, process, warrant, order or other such legal instruments on Sunday will render that instrument null and void and the party serving it can be held liable for damages. Now, that being said, there is an exception to this rule: If the party serving the process files an affidavit with the court showing a good reason why they believe the intended recipient of the instrument will use the protection of Sunday as a way to leave the state in an effort to avoid being served, the courts can issue an order authorizing an officer to serve process on Sundays. Any process or other legal instrument served in this way will carry the same weight as process served on any other day of the week, and the party being served will not be able to claim damages against the server.

48.20 Service of process on Sunday.—Service or execution on Sunday of any writ, process, warrant, order, or judgment is void and the person serving or executing, or causing it to be served or executed, is liable to the party aggrieved for damages for so doing as if he or she had done it without any process, writ, warrant, order, or judgment. If affidavit is made by the person requesting service or execution that he or she has good reason to believe that any person liable to have any such writ, process, warrant, order, or judgment served on him or her intends to escape from this state under protection of Sunday, any officer furnished with an order authorizing service or execution by the trial court judge may serve or execute such writ, process, warrant, order, or judgment on Sunday, and it is as valid as if it had been done on any other day.

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