Notice - Service of Process

Question 1

How must notice be given?

Answer 1

Notice must be given in a way that will actually give parties notice.

1) If the whereabouts are known - Mail notice will often work because they are reasonably certain to receive it.
2) If whereabouts are unknown - then it must be in a way that is reasonably sufficient to give the “best possible notice.”

Question 2

Where does how to give notice come from in the federal rules of civil procedure?

Answer 2

Federal Rules of Civil Procedure 4

Question 3

What happens if defendant refuses to waive personal service?
What if they waive service?

Answer 3

1) If defendant refuses, they must pay for actual, personal service.
2) If they waive service, 4(d)(3) allows them more time to answer the complaint.