3. Requirement of Notice Flashcards
What are the requirements for service under Rule 4(c)?
(1) Must include complaint and summons, and must be completed within time allowed by 4(m) which is 90 days
(2) Must be served by a person who is at least 18 years old and is not a party
What happens if the complaint and summons are not served within 90 days?
If there is good cause, court will give a time extension.
If there is not good cause, court may give extension or dismiss the case.
What are the rules for waiver under 4(d)?
(1) The plaintiff may request the defendant to waive service of a summons. Defendant has a duty to avoid unnecessary expense of serving the summons. Defendant has 30 days to return waiver, 60 if outside US.
(2) If defendant fails to waive without good cause, if both parties are in the US, the court must impose expense of services on the defendant.
(3) If the defendant waives then they have 60 days to answer the complaint, outside the US they have 90 days.
What are the rules for serving an individual within the US under Rule 4(e)?
(1) can follow state law for method of delivery in the state where the court is located or the state where service is made
(2) can personally deliver, leave copy at the dwelling or usual place of abode with someone of suitable age and discretion who resides there, or deliver to an agent authorized by appointment or by law
What are the rules for serving a corporation, partnership, or association under Rule 4(h)?
(1) can follow state law for method of delivery in the state where the court is located or the state where service is made
(2) delivering personally to an officer or managing agent or person who is authorized to receive service
What test is used to determine if the constitutional requirement of notice is satisfied?
Mullane Test: Is it reasonably calculated to inform the defendant of the suit?
Statutory notice is inadequate if it is not reasonably calculated to reach those who could easily be informed by other means.
