Jurisdiction over the particular case

Question 1

3 mandatory components to personal jurisdiction

Answer 1

1. Proper commencement of the action.
2. Proper service of process on the D.
3. Proper basis of jurisdiction over the person or property involved in the action.

Question 2

Commencement procedures: you commence by ____?

Answer 2

Filing summons and notice or summons and complaint with the clerk of the court, i.e., the COUNTY clerk, and payment of a pay for the PURCHASE OF AN INDEX NUMBER

Question 3

Service of process made on D w/in _______ of commencement. Can be extended for?

Answer 3

120 days + can be extended “for good cause” or “in the interest of justice.”

Question 4

Form of process is 1 of 2 things. What are the 2?

Answer 4

1. Summons and complaint (tell D he’s getting sued, and gives complaint)
2. Summons with NOTICE –> notice = abbreviated complaint with A. statement of nature of action; B. type of relief sought; C. Amount of damages (except personal injury or wrongful death)

Question 5

Naked summons, i.e., summons w/o complaint or notice –> What effect?

Answer 5

No personal jurisdiction. D can make motion to dismiss and win.

Question 6

Who can serve process? When can you serve process?

Answer 6

1. Anyone over 18 who is NOT plaintiff. 2. Not on Sunday (or Sat if that’s Sabbath).

Question 7

Method of service on person (5 ways)

Answer 7

1. personal delivery of summons to D
2. Leave and mail\
3. Affixing and mailing
4. “Court invented service”
5. Service on agent specifically designated to receive process

Question 8

Personal service of summons def

Answer 8

personal delivery of summons to D (leave process in D’s vicinity if he’s resisting service)

Question 9

Leave and mail service of summons def

Answer 9

Leave and mail (deliver to non-D person at D’s home or business + mail (w/in 20 days of each other & both steps w/in 120 days of filing process)

Question 10

Affix and mail service of summons def

Answer 10

Affixing and mailing, ONLY IF PERSONAL SERVICE AND LEAVE AND MAIL FAIL, then affix process to door of home or business + mail (w/in 20 days & both done w/in 120 days of filing).

Question 11

1. Filing proof of service of summons required for? 2. What if no filing of proof of service of summons?

Answer 11

1. Leave and mail and Affix and mail. Filing REQUIRED TO COMPLETE the service. Filed w/ affadavit explaining failures to otherwise deliver. Service complete 10 days after filing.
2. D gets response time pushed back until after filing of proof of service.

Question 12

Court Improvised Service: 1. When allowed? 2. What’s required?

Answer 12

1. When you can’t find other means of service, you get court order for “reasonable alternative under circumstances” for service of summons.
   2 Court order required.

Question 13

Serving summons on 1. infant (over v under 14 y.o.) or 2. mentally incapacitated?

Answer 13

1. For infant, serve parent, guardian, custodian, or adult spouse of infant. If over 14 y.o., CC the D and 1 of the adults above.
2. For mentally incapacitated person, serve BOTH guardian and incapacitated person.

Question 14

Service of summons outside NY: 1. how to do it? 2. Who may serve process outside NY jurisdiction (3 options).

Answer 14

1. Same methods as w/in NY. 2. (A) Any NY’er over 18, (B) anyone authorized to serve process under foreign jurisdiction’s law; (C) any attorney in foreign jurisdiction.

Question 15

How do you serve process on corp defendant? 2 ways.

Answer 15

1. Personal delivery

2. Service on NY SOS

Question 16

Personal delivery of summons on corp: deliver to any of these 4 people?

Answer 16

1. Officer
2. Director
3. Designated agent
4. Managing agent (anyone with MGMT supervisory obligations)

Question 17

Delivery of service on NY SOS for domestic or licensed for corp vs. unlicensed foreign corp

Answer 17

1. For domestic corp or licensed foreign corp in NY, personally deliver TWO COPIES of process to NY SOS.
2. For unlicensed foreign corp, deliver ONE COPY to NY SOS + P mails to D with certified mail, return receipt requested

Question 18

Can serve process non-traditional by service by first-class mail + acknowledgment form. How do you serve and how is it effective? If they return form, can D still raise jurisdictional defenses?

Answer 18

Mail service of process + acknowledgment form + acknowledgment form returned to P w/in 30 days.
Yes, D can still raise jurisdictional defenses.

Question 19

How to approach essay dealing with jurisdiction of someone out of state? (3 steps)

Answer 19

1. personal jurisdiction: general or specific
2. subject matter jurisdiction: const or legislative auth or grant relief P seeks
3. method of service on D and filing proper