Notice/Service of Process

Question 1

In addition to personal jurisdiction, the Defendant is entitled to what if they are being sued?

Answer 1

Notice

Which must be reasonably calculate

Under all the circumstances

To appraise the interested Parties of the action.

Question 2

What does Notice consist of?

Answer 2

A Summons

A copy of the Complaint

Question 3

How do you obtain a summons?

Answer 3

Take the document to the court to be signed and sealed.

Question 4

Can a non-party to the case serve process?

Answer 4

Yes

Question 5

When must service be made?

Answer 5

Within 90 days from when the complaint was filed with the court.

Question 6

If serving process on an individual, whose unavailable, who/how can you serve substituted service?

Answer 6

Process is left at the defendant’s usual abode; or served to someone of suitable age and discretion who lives there.

Question 7

How is Process severed on either a person or company if done by State Method?

Answer 7

Service can be made (1) Wherever the Federal Court sits; or (2) Wherever service is made

Question 8

A Plaintiff serves Process through certified mail. This method is permitted by the State A rules, where the plaintiff resides, but not under Federal Rules. Is this permissible?

Answer 8

It depends on whether the State court and Federal court are located in the same jurisdiction. If same jurisdiction, then the rule regarding service through the State Law Method permits this.

Question 9

Can service be made on a person’s agent, even if personal service would be possible?

Answer 9

Yes, if the parties agree to it under contract.

Question 10

Is service by mail permitted?

Answer 10

Generally not.

Question 11

How do you serve Process on a U.S. company?

Answer 11

Deliver a copy of the summons and complaint to an officer, managing or general agent of the company.

Question 12

Service on a minor can be made by what means?

Answer 12

Any method permitted by the state law or where the service is made.

Question 13

How can you serve Process in a foreign country?

Answer 13

Under international agreement

As directed by a U.S. court

Any method calculated to give notice under that country’s laws

Personal service, unless prohibited

Question 14

How can the parties waive notice to formal service of process?

Answer 14

— Plaintiff mails Defendant a Notice, requesting waiver of formal notice

— The documents must include: (1) foot of the complaint; and (2) two copies of the waiver form, with a prepaid method of return

— D must execute the form and return to Plaintiff within 30 DAYS of receipt

Question 15

Does the Defendant have a longer period to waive service of formal process if they are outside the U.S.?

Answer 15

Yes, 60 rather than 30 days.

Question 16

When does the D’s waiver become effective?

Answer 16

Once plaintiff filed the Defendant’s response with the court (not when D mails it back).

Question 17

If Defendant fails to respond to the plaintiff’s request for waiver, what is the consequence?

Answer 17

Unless there’s a good reason for failing to respond, the Defendant must pay for cost of service.

Question 18

What should the plaintiff do to prove service?

Answer 18

File a report with the court detailing how service was made (unless waived)

Question 19

Aside from process, how does a party serve other documents (like pleadings, motions, discovery)?

Answer 19

By emailing or mailing them documents to the other side’s attorney.

Question 20

How long does a party have to respond to interrogatories?

Answer 20

30 days.

And you get 3 extra days if the interrogatories were mailed.

Question 21

What’s the rule regarding immunity of service?

Answer 21

If a party, witness or attorney travels to another State solely to be a witness in a court action, they are immune from service of process.