Bar: Service of Process

Question 1

In a regular law suit, notice consists of two documents:

1. ______________
2. ______________

Answer 1

In a regular law suit, notice consists of two documents:

1. Summons
2. Complaint (a copy of)

Question 2

Who can serve process?

______________

Answer 2

Any non-party who is 18-years-old or older may serve process.

Question 3

If a Defendant is to be served in the US, service is to take place within ___ days after the ___________.

Answer 3

If a Defendant is to be served in the US, service is to take place within 90 days after the complaint is filed.

Question 4

There are Four ways process may be served on an individual in the United States:

1. ______________
2. ______________
3. ______________
4. ______________

Answer 4

There are Four ways process may be served on an individual in the United States:

1. Personal Service
2. Substituted Service
3. Service on D’s Agent
4. State law methods

Question 5

In Substituted Service, Process may be left with someone other than the Defendant, if:

1. ______________
2. ______________

Answer 5

In Substituted Service, Process may be left with someone other than the Defendant, if:

1. At Defendant’s usual abode
2. Someone of “suitable age and discretion” who resides there is served

Question 6

In order to serve someone who is in a foreign country, service may use:

_____________; or otherwise,

A. \_\_\_\_\_\_\_\_\_\_\_\_\_\_
B. \_\_\_\_\_\_\_\_\_\_\_\_\_\_
C. \_\_\_\_\_\_\_\_\_\_\_\_\_\_
D. \_\_\_\_\_\_\_\_\_\_\_\_\_\_
E. \_\_\_\_\_\_\_\_\_\_\_\_\_\_

Answer 6

In order to serve someone who is in a foreign country, service may use:

A method allowed by international agreement; or otherwise,

A. Per directions of the American court
B. Method allowed by the foreign country’s law
C. Method directed by foreign official in response to letter rogatory from American court
D. Personal service (unless prohibited by law)
E. Mail sent by clerk of American court

Question 7

A report is filed with the court detailing how service was made. If the server was a civilian, the report is by ___________.

Answer 7

Affidavit

A report is filed with the court detailing how service was made. If the server was a civilian, the report is by affidavit.