Examp Prep: Process and Service Flashcards
How do people consent to service of process?
Defendant may work with the plaintiff to waive service of process. Must sign.
What are requirements to serve process
Must be over 18 and not a party
What is policy purpose of process?
Service is a requirement of due process. Courts must see proper service before issuing a default judgement.
What should you consider if service was delivered out of state?
Tag jurisdiction under burnham - states that recognize it may allow a party to sue in the forum state if they can serve process to defendant while they are physically present in that state.
What kind of effort to serve process does Mullane test require?
Party must give reasonable effort under the circumstances to inform an absent party of service so they may have an opportunity to object. Mullane
What law governs service of process?
The law of the state where the party is being served
What is complete service of process?
Both the summons and a copy of the complaint.
How can service of process be completed?
personal delivery,
leaving it with someone over 18 who resides at the same home or leaving it at defendants dwelling,
delivery to an authorized agent