NOTICE/ SERVICE OF PROCESS

Question 1

DOCUMENTS

Answer 1

1. summons

2. copy of the complaint

Question 2

WHO

Answer 2

Any non-party who is at least 18 years old

Question 3

WHEN

Answer 3

No more than 90 days after complaint is filed

Question 4

HOW

Answer 4

4 steps:
1. Personal service: papers are given personally to D anywhere
2. Substituted Service: ok if:
- Done at Defendant’s usual abode
- served to someone of suitable age and discretion who resides there
3. Service on D’s agent: Can be delivered to agent if receiving service is in scope of agency
4. State law methods: methods that are permitted by state law where the federal court sits OR where service is made.
Service on an organization: officer, managing, or general agent, methods permitted by state law
Service on Minor, incompetent, or decedent: state law method of the state where service is to be made

Question 5

WAIVER

Answer 5

• mail to D a notice and request to waive, If d executes and mails back WITHIN 30 days (60 if foreign)- D waives formal service of process. Effective when filed with the court.

Question 6

PROVING SERVICE OF PROCESS

Answer 6

files a report with the court detailing how service was made.

Question 7

IMMUNITY

Answer 7

If present in a state as a lay witness or an attorney on a different case, immunity from service of process.

Question 8

GEOGRAPHIC REACH OF SERVICE

Answer 8

within the state in which the federal court sits or outside the state IF state law allows

Question 9

SERVICE OF OTHER DOCUMENTS

Answer 9

done so by mail, email (in other party agrees), or hand delivery. If through the mail and pleading requires a timed response, there is an extra three days added for mailing.