Examp Prep: Process and Service Flashcards

1
Q

How do people consent to service of process?

A

Defendant may work with the plaintiff to waive service of process. Must sign.

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2
Q

What are requirements to serve process

A

Must be over 18 and not a party

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3
Q

What is policy purpose of process?

A

Service is a requirement of due process. Courts must see proper service before issuing a default judgement.

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4
Q

What should you consider if service was delivered out of state?

A

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.

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5
Q

What kind of effort to serve process does Mullane test require?

A

Party must give reasonable effort under the circumstances to inform an absent party of service so they may have an opportunity to object. Mullane

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6
Q

What law governs service of process?

A

The law of the state where the party is being served

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7
Q

What is complete service of process?

A

Both the summons and a copy of the complaint.

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8
Q

How can service of process be completed?

A

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

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