Notice of Process Flashcards
Elements
Governs (1) the content of the notice documents and (2) the manner of delivery to the defendant
The constitutional standard
notice must be reasonably calculated, under all circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections
What federal rule governs federal rules for notice?
FRCP 4, George wants to focus on 4(c) and 4(e)
4(c)
service generally
(1) what is served–the summons and a copy of the complaint are served together on the defendant
(2) by whom–any person who is at least 18 years old and not a party, or (3) by a marshal or someone specially appointed by the court
4(c)
serving an individual within the US may be done
(1) under the local state’s service law (including long arm), or under the state law
where the service occurs
(2) by any of the following:
(A) delivering a copy of the summons and of the complaint to the individual personally;
(B) leaving a copy at the defendant’s dwelling or usual place of abode with someone of suitable age and discretion who resides there; or
(C) service on defendant’s appointed agent