Notice and Service of Process Flashcards
Notice - What are the names of the documents?
Summons and Copy of Complaint
Combine to make “Process”
Clerk of court signs, seals, and issues
Who can serve process?
ANY person 18 yo and not a party to the action
When must process be served?
Within 90 days after filing of complaint
Service on Individual
Given to D personally, ANYWHERE
Substituted Service
At D’s house
With someone of suitable age/discretion
Who resides there
Service on a Business or Org
Give to an officer, managing partner, general agent
Or
By method approved by the state
Service on Minor/Incompetent
ONLY by method approved by the state where service to be made
Service on parties abroad
Hague Convention
Or
As directed by American court
Allowed by foreign law
Method directed by foreign official to letter from American court
Personal service (if allowed by local law)
Mail sent by clerk of American court requiring signed receipt if allowed by local law
Waiver of Service of Process
P must mail notice with request to waive process
Two copies of waiver form and prepaid envelope
D must sign and return within 30 days (60 if foreign) - service waived
Does waiver of service waive defenses?
NO
When is waiver effective?
When P files in the court.
What if D doesn’t properly waive service and had to be served anyway?
Without good cause, must pay costs of service.
How is Service proven?
Server files report with court on how service was made.
Called an affidavit if server was a civilian
Immunity from Service
If D is in forum to appear as a witness, party, or attorney for another civil case - D is immune from civil service while in the state.
Do you have to serve all documents?
No. Mail or email ( if the parties agree)
