Notice/Opp to be heard

Question 1

Rule

Answer 1

4

Question 2

What does process consist of

Answer 2

Summons and copy of complaint. defendant must be served within 90 days of filing complaint (4m)
- once received, 21 days to answer

Question 3

Who can service be made by?

Answer 3

4c

Any non-party that is at least 18 y/o

Question 4

How will def be served?

Answer 4

1. personal service (preference for this) can be done anywhere
2. substituted - only done at def’s dwelling or usual abode and must serve someone of suitable age and discretion who resides there
3. def’s agent - can be appointed by contract or operation of law
4. 4E1 - methods of service permitted under state law (where fed court sits or where service is effective)

Question 5

Serving a business

Answer 5

4h1; 4e1

• officer, manager or general agent
• any officer - secretary corp president, etc
• job responsibilities matter*

Question 6

Waiving service

Answer 6

4d

• done by mail; if def sends waiver back within 30 days they have waived formal service of process (and that only)
• do not need to respond until within 60 days if waived
• if refuse to waive, responsible for cost of service

Question 7

Constitutional requirements

Answer 7

Mullane

• DP requires notice must be reasonably calculated under all circumstances to apprise the party of the proceeding
• it can be constitutional even if ∆ did not get actual notice bc it was reasonably calculated under all the circumstances
• there may be circumstances where publication is only reasonable way by which notice can be served
• does not require actual notice, BUT if P becomes aware of problem that notice was not received, DP requires P to look into other steps.

Question 8

Transfer

Answer 8

§1404
District court where case is filed can transfer to any court where case could have initially been filed or where parties consent.

Question 9

Cure or Waiver of Defects

Answer 9

§1406
Van Dusen
Law of the first court should still apply after transfer, but under 1406 this DOES NOT APPLY