Notice

Question 1

Mullane

Answer 1

DP requires that notice must be REASONABLY CALCULATED under all the circumstances to apprise the party of the proceeding. Notice can be constitutional even if the defendant didn’t get actual notice because it was reasonably calculated under the circumstances (e.g. notice by publication reasonable if don’t know names of parties)

Question 2

Nat. Dev. Co.

Answer 2

Under Fed. R. Civ. Pro 4(e)(2)(B), service is proper at the party’s usual place of abode or residence.

Question 3

What does process consist of? Rule 4

Answer 3

A copy of a summons and a complaint

Rule 4(a)

Question 4

When must a ∆ be served?

Answer 4

∆ must be served within 90 days of filing a complaint

Rule 4(m)

Question 5

How long does ∆ have to answer after receipt of service of process? Rule 12

Answer 5

21 days

FRCP 12(a)(1)(A)(i)

Question 6

Who can service of process be made on? Rule 4

Answer 6

Any non-party who is at least 18 years old

FRCP 4(c)

Question 7

How will a ∆ be served? Rule 4

Answer 7

Personal Service, Substituted Service, Service on ∆’s Agent, or any method permitted under state law.

FRCP 4(e)

Question 8

How do we serve process on a business? Rule 4

Answer 8

Service on officer, managing or general agent.

Officer: Corp. Pres.

Job responsibilities of managing or general agent matter.

FRCP 4(h)(1) & (e)(1)

Question 9

Can a ∆ waive formal service of process? Rule 4

Answer 9

Yes. Waiver by first-class mail. π must send 2 copies of waiver-form and self-addressed stamped envelope. If ∆ signs and returns within 30 days, ∆ waives formal service of process.

FRCP 4(d)

Question 10

If ∆ waives formal service, what else does she waive?

Answer 10

∆ waives no other defenses other than formal service of process

Question 11

How long does ∆ have to respond if she waives formal service of process? Rule 4

Answer 11

∆ has 60 days to respond, 90 days if outside U.S. judicial district

FRCP 4(d)(3)

Question 12

What if ∆ refuses to waive formal service of process? Rule 4

Answer 12

∆ responsible for the costs of formal service of process

FRCP 4(d)(2)

Question 13

What are the geographic limitations on service of process? Rule 4

Answer 13

We can serve process throughout the state where the federal court sits.

Can serve process outside forum if a state court could do so as well.

FRCP 4(k)(1)(A)

Question 14

Opportunity to be heard test (Mathews v. Eldridge)

Answer 14

1) the private interest at stake in the administrative action;
(2) the risk of an erroneous deprivation of this interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and
(3) the government’s interest, including the function involved and the fiscal and administrative burdens that additional or substitute procedural requirements would entail.