For service on the State, to whom should the process be delivered by registered or certified mail, return receipt requested?

For service on the State, to whom should the process be delivered by registered or certified mail, return receipt requested?

• A. The governor
• B. The attorney general or deputy or assistant attorney general by registered or certified mail, return receipt requested
• C. The clerk of court
• D. A private attorney

Answer: (B)

When suing the State, the process must be delivered to the State’s legal representative, specifically the attorney general or a deputy or assistant attorney general, and must be sent by registered or certified mail with return receipt requested. The attorney general is the designated agent for receiving service on behalf of the State, so mailing to that office (or to a qualified deputy/assistant) ensures proper notice and authorization to accept service on the State’s behalf. The governor, the clerk of court, or a private attorney aren’t the proper recipients for service on the State, since they aren’t the official channel for representing the State in civil actions. The return receipt provides proof that the State actually received the papers, which is a key part of valid service.

When suing the State, the process must be delivered to the State’s legal representative, specifically the attorney general or a deputy or assistant attorney general, and must be sent by registered or certified mail with return receipt requested. The attorney general is the designated agent for receiving service on behalf of the State, so mailing to that office (or to a qualified deputy/assistant) ensures proper notice and authorization to accept service on the State’s behalf. The governor, the clerk of court, or a private attorney aren’t the proper recipients for service on the State, since they aren’t the official channel for representing the State in civil actions. The return receipt provides proof that the State actually received the papers, which is a key part of valid service.