Notice/Service of Process

Question 1

Who can serve process?

Answer 1

Any person who is (1) at least 18 years old and (2) not a party to the action

Question 2

When must process be served?

Answer 2

Service must take place within 90 days of the filing of the complaint

Question 3

How is process served on an Individual within the US?

Answer 3

1. Personal service: given to D personally anywhere
2. Substituted Service: given to a substitute at the defendant’s usual place of abode with someone of suitable age and discretion who resides there
3. Service on Agent: D’s agent if receiving in the scope of agency
4. State Law Methods

Question 4

How is process served on a Business or Organization in the US?

Answer 4

1. Delivering to an officer or a manging or general agent a copy of the summons and of the complaint or
2. Using a method permitted by the state

Question 5

How is process served on a Minor or Incompetent Person in the US?

Answer 5

Only by a method permitted by the state law—typically a representative

Question 6

How is process served on parties in a foreign country?

Answer 6

A method allowed by international agreement, or without it, various options.

Question 7

What is contained with “process”?

Answer 7

Summons (formal court notice of suit and timing of response) and copy of Complaint

Question 8

How can a D waive service of process?

Answer 8

The P mails the D a notice and request to waive service, including a copy of complaint and 2 copies of waiver form. If D executes and mails the waiver to P within 30 days (or 60 int’l), she waives service of process

Question 9

Effect on Waiver on Defenses?

Answer 9

A D who waives service of process does not waive any defenses

Question 10

When is waiver effective?

Answer 10

When the Plaintiff files the waiver in court

Question 11

Penalty for Failing to Waive Service

Answer 11

If D did not have good cause for failing to return the waiver forum, the D must pay the costs of service