Notice & Opportunity to be Heard

Question 1

Rule 4 - Service of Process

Answer 1

Consists of:

1. Summons and 2. Complaint

Question 2

Who can Serve Summons?

Answer 2

Service can be made by any non-party who is at least 18 - 4(c)(2)

Question 3

How long does a Plaintiff have to serve a defendant?

Answer 3

P must serve D within 90 days, unless there is good cause - 4(m)

Question 4

How Can an Individual be served? - Rule 4(E)(2)

Answer 4

A. Personal Service
B. Substituted Service - only at D’s dwelling or usual abode and must be someone of suitable age who resides there
C. D’s agent
Or any method allowed under state law

Question 5

How can a business be served? - Rule 4(H)(1)/4(e)(1)

Answer 5

1. serving an officer or managing or general agent

2. any method allowed by state law

Question 6

How can personal service be waived?

Answer 6

Rule 4(D)

• P mails D process and 2 copies of a waiver form and self-addressed stamped envelope
• If D signs a waiver form and mails it back to P within 30 days, D has waived formal service of process
• If D waives formal service, D has 60 days to respond from the date that P mailed to D
• If D refuses to mail back waiver form, P will have to hire process server and D has to pay for the costs

Question 7

Opportunity to be Heard

- Factors that the court balances

Answer 7

1. private interests that will be affected by the official action
2. the risk of an erroneous deprivation of such interest through procedures used
3. Government’s interest