Learning about case - Service of process

Question 1

What does process consist of?

Answer 1

Summons and copy of complaint.

Question 2

Who can serve process?

Answer 2

Any non-party at least 18 years old

Question 3

How is process served? (3 ways)

Answer 3

1) Personal service,
2) Substituted service (usual abode),
3) Serve on D’s agent,
4) Can serve other ways if state statute allows.

Question 4

Can I waive formal process?

Answer 4

Yes you can, mail D copy of complaint and two copies of a waiver along with a prepaid envelope within 30 days. Then P files notice.

Question 5

Does an ‘affidavit of service’ have to be filed?

Answer 5

Process report must be filed.

Question 6

Do subsequent documents have to be filed?

Answer 6

Can be served by email or if by post any deadlines have 3 day extension.

Question 7

If I follow State X’s process for serving someone summons and complaint, is this valid?

Answer 7

Yes, Fed rule 4 provides that summons and complaint may be served on an individual other than an infant or incompetent pursuant to law of state in which district court is located PROVIDED that it is constitutional (reasonably calculated to give the D notice of the action)