Notice and Service of Process

Question 1

What is service of process?

Answer 1

A defendant must receive notice of a lawsuit through service of process—i.e., delivery of the summons and complaint.

Question 2

When must a plaintiff provide proper service of process by?

Answer 2

1) Within 90 days after the plaintiffs complaint is filed; OR

2) If defendant is in a foreign country, all that is required is service with due diligence

Question 3

How can an individual be properly served?

Answer 3

1) Following state law where district court is located or where service is made

2) Personally serving defendant with summons & complaint

3) Leaving summons & complaint at defendant’s dwelling with someone of suitable age & discretion who resides there

4) Delivering summons & complaint to defendant’s authorized agent

Question 4

How can a corporation be properly served?

Answer 4

1) Following state law where district court is located or where service is made

2) Delivering summons & complaint to officer, managing or general agent, or authorized agent & mailing those documents to defendant if required by statute

Question 5

May a party to the suit personally serve notice and service of process to a defendant?

Answer 5

No! Must be done by a non-party.

Question 6

How can service be made to a party outside of the United States?

Answer 6

Permitted if:

1) Any method used by the forum court

2) Any method allowed in the foreign country where service is made