The primary reason for requiring a process server to be credible and competent to give evidence is in the event the party claimed that he had not received service, the server could testify that process was indeed served upon that party. Nothing in the West Virginia Code or Constitution prohibits an ex-convict from testifying or defines him as not credible. It would be an odd state of affairs if, in this State, a convicted felon could run for governor and hold that office, but could not serve process because greater credibility is required. Thus, the federal rules, with minor exceptions, now permit private persons to serve process. However, there is little which discusses what role a felon would have in the service of process.
Some states permit ex-convicts to testify, except in cases involving perjury.
Although the issue of the right of a convicted felon to vote or hold office is not before us in this opinion, we find the current state of law informative in our examination of the question of who is considered credible for the purposes of the service of process.