Notice/Service of Process

Question 1

In a regular lawsuit, notice consists of two documents:

Answer 1

(1) a summons, which is formal court notice of suit and the timing for response; and
(2) a copy of the complaint.

Question 2

Who can serve process?

Answer 2

Any person who is at least 18 years old and not a party to the action may serve process.

Question 3

When must process be served?

Answer 3

If the defendant is to be served within the US, service must take place within 90 days of the filing of the complaint. This period may be extended for good cause.

Question 4

How is process served on an individual within the US?

Answer 4

1. personally
2. substituted
3. agent
4. state law methods

Question 5

A business or organization may be served by:

Answer 5

1. delivering to an officer (for example, president, treasurer) or a managing or general agent
2. using a method permitted by the state

Question 6

Process served on parties in a foreign country

Answer 6

A method allowed by international agreement may be used.