Notice and Service of Process

Question 1

Notice and Service of Process

Answer 1

Asserts the court’s authority over the defendant and lets the defendant know about the case. Courts view proper service of process necessary to acquire personal jurisdiction. Even if a defendant is served properly, if the defendant does get notice for any reason, most judges will grant relief for the defendant

Question 2

Rule 4(a)-(c)(1)

Proper Summons

Answer 2

A copy of a proper summons must be served to each defendant with a copy of the complaint. It’s the plaintiff’s responsibility to get this together

Question 3

Rule 4(c)(2)-(3)

Who Can Serve

Answer 3

Anyone who is in 18 or older and not a party can serve the summons. If the plaintiff asks, the court may order a court appointed person to serve it

Question 4

Rule 4(d)(1)-(2)

Waiver of Service

Answer 4

A defendant can and should waive service to avoid unnecessary expenses. A plaintiff may request this in the proper way.

If a defendant fails to waive service without good cause, the court must impose the expenses of making the service and any other reasonable expenses on the defendant

Question 5

Rule 4(e)

Ways to Serve

Answer 5

A summons may be serviced by:

• following state law for service or
• delivering it personally
• leaving a copy at the defendant’s residence with someone of a suitable age
• delivering a copy to an agent

Question 6

Rule 4(e)

Ways to Serve

Answer 6

A summons may be serviced by:

• following state law for service or
• delivering it personally
• leaving a copy at the defendant’s residence with someone of a suitable age
• delivering a copy to an agent

Question 7

Rule 4(m)

Consequences for Lack of Service

Answer 7

If a summons is not served within 90 days after a complaint is filed, the court must dismiss the case, unless there is good reason for the delay. Then the court must give an extension for an appropriate amount of time.

Question 8

Rule 4(k)(1)

Asserting Jurisdiction

Answer 8

Issuing a summons or waiver gives the court jurisdiction over a defendant

• who is subject to the court’s general personal jurisdiction
• who is joined pursuant to Rule 14 or Rule 19, served within a jurisdiction in the US, and served within 100 miles of the federal courthouse or
• when authorized by a federal statute

Question 9

Rule 4(k)(2)

Asserting Jurisdiction Over Foreign Defendants

Answer 9

For federal claims, issuing a summons or waiver gives the court jurisdiction over a foreign defendant if

• the defendant is not under any state’s general jurisdiction
• it complies with the Constitution and other laws