Notice/Service of Process Flashcards
Components of notice
1) summons; and 2) copy of complaint (together, “process”)
Who can serve process?
Anyone who is at least 18 y/o and not a party to the action
When must process be served?
If D to be served in US, w/i 90 days of the complaint filing (but can be extended for good cause)
How is process served on an individual?
Through 1) personal service; 2) substituted service; 3) service on agent; or 4) state law methods
What is substituted service?
Serving a substitute for D; can be done only at D’s usual place of abode, with someone of suitable age/discretion, and with someone who resides there
What is service on agent?
Process can be given to D’s agent if receiving service w/i agent’s scope; can be done even if personal service possible
Can state service methods be used?
Yes if state is 1) one where the federal court sits; or 2) where service is made
How can a business be served?
By 1) delivering process to an officer or managing/general agent; or 2) using a method permitted by the state where court sits/service made
Can a minor or incompetent person be served?
Yes but only if permitted by law of state where service to be made
How can foreign parties be served?
By internationally agreed upon method or, where no such agreement, options on p. 12
If a foreign party is served via mail sent by an American court clerk, is this valid?
Yes if 1) signed receipt obtained, and 2) foreign country’s law does not prohibit
Can a D waive service of process?
Yes
How can process be waived?
P must send D copy of complaint, two copies of a waiver form, and prepaid means of returning the form AND mail waiver form to P within 30 days of receiving it (NOTE: 60 days if D outside US)
Are defenses waived by waiving service?
No
When is a waiver of service effective?
Effective when P files in court following return from D
