Filing Complaint/Service of Process

Question 1

Rule 4 :Summons

the basic & intro stuff

Answer 1

—Who must serve
Under rule 4(c), plaintiff is responsible for serving the summons and complaint
upon defendant. Must be served by a non-party 18+

—Time Limit for Service
Under rule 4(m), plaintiff must serve the summons and complaint within 90 days
after filing the complaint unless the plaintiff shows “good cause” why service was
not timely made.

Question 1

Rule 4

Method of Service on Individual

Answer 1

Pursuant to Rule 4(e)(2), service may be made by:

—Personally serving the summons and complaint on the defendant;

—Leaving the summons and complaint at the defendants usual place
of abode with a person of suitable age and discretion who resides there

—Delivering the summons and complaint to an agent appointed by
the defendant or otherwise authorized by law to receive service.

Question 2

Rule 4

Method of Service on Corporation

Answer 2

Rule 4(h), service on a corporation or association may be
effected by delivering the summons and complaint to an officer, managing agent, general agent, or agent appointed or authorized by law to receive
process.

Question 3

Rule 4

Method of Service on Corp’s officer/agent defined

Answer 3

*Officer, corp’s managing or general agent of the corp–you must serve someone who “manages” something and general agent is someone who has authority to bind the corp as to a contract for ex.
*Ex. COO, CEO, CFO

*Or any other agent authorized by appointment or by law to receive service on the corporation’s behalf.

Question 4

Rule 4

Wavier of Service

Answer 4

Rule 4(d), a competent individual, corporation, or association that is
subject to service has a duty to avoid unnecessary expenses of serving the
summons by waving service.

Question 5

Rule 4

Failure to waiver service

Answer 5

rule 4(d)(2), if a defendant located within the
United States fails to sign and return a waiver requested by the plaintiff located
within the United States, the court must imposte the expenses to make the service
on the defendant.

Question 6

Mullane Test

Related to Service of Process

Answer 6

There is Due Process when the notice is reasonably calculated, under all circumstances, to inform the interested parties of the action & give them an opportunity to present their objections

Question 7

Rule 5

Serving (how to serve someone)

Answer 7

(1) Serving an Attorney

(2) Service in General: A paper is served under this rule by:
–(a) handing it to the person
–(b) Leaving it at the person’s office with a clerk or other person in charge
–(c) mailing it to the person’s last known address
–(d) Leaving it with the court clerk if the person has no known address
–(e) Sending it to a registered user by filing it with the court’s electronic-
filing system or sending it by other electronic means that the person