Learning About the Case: Service of Process

Question 1

Basic Idea

Answer 1

• Must give notice to D.
• Deliver to D Process:
  
  • (1) a summons (formal court notice of suit and time for response) and
  • (2) a copy of the complaint
    *

Question 2

When must process be served

Answer 2

Serve within 120 days of filing case or case dismissed without prejudice.

Not dimissed if p shows good cause for delay

Question 3

Who can serve process

Answer 3

• Any nonparty who is at least 18 years old.
• need not be appointed by court

Question 4

Hows is Process Served

Answer 4

1. personal service
2. substituted service
3. service on D’s agent
4. State Law
5. Wiaver by mail

Question 5

Personal SErvice

Answer 5

SErvice given to defendant personally

Question 6

Substituted Service

Answer 6

Left with someone at home if:

1. defendant’s usual abode
2. serve someone of suitable age and discretion AND
3. the person served resides there

Question 7

SErvice on D’s Agent

Answer 7

• Process can be delivered to D’s agent (if receiving service is in the scope of agency, e.g., corporation’s registered agent, managing agent or officer).

Question 8

State law for service

Answer 8

Can also use methods of service permitted by state law of the state where the federal court sits or where service is made. (So if state law allowed service by mail for this case, you can use that in federal court.)

Question 9

Waiver by Mail

Answer 9

• ail to D a copy of the complaint and two copies of a waiver form, with a prepaid means of returning the form (e.g., stamped, addressed envelope).
• If D executes and mails the waiver form to P within 30 days, D waives formal service. (She does not waive defenses, like lack of PJ or venue.)
  
  • if does not, will have ot pay expense of service

Question 10

Immunity from Service

Answer 10

IMmune from service when instate to be a witness or party in another civil case.

Question 11

Other documents post-service