Notice/SoP

Question 1

What 2 documents constitute “process”?

Answer 1

(1) a summons, which is a formal court notice of suit and the timing needed for response, and (2) a copy of the complaint

Question 2

What is the standard for process to satisfy DP?

Answer 2

D is entitled to notice under DP. Notice myst be reasonable calculated under all the circumstances to apprise interested parties of the action.

Question 3

Who must serve process?

Answer 3

Anyone over 18 and not party to the action.

Question 4

When must process by served?

Answer 4

Within 90 days of filing, can be extended for good cause.

Question 5

How may process be served on an individual in the U.S.?

Answer 5

• personal service - i.e. handed to them personally anywhere
• substituted service - can only be done (1) at the D’s place of abode (doesn’t need to live there everyday) (2) with someone of suitable age and discretion (3) who resides there (note: need not be related)
• to D’s agent - if doing so is within scope of agent work
• additional state law methods allowed by state (a) where federal court sits or (b) where service is made (e.g. by mail)

Question 6

How may process be served to a business or org within the U.S.?

Answer 6

• delivering to an officer or a managing or general agent

- using a method permitted by the state either (a) where the federal court sits or (2) where service is to be made

Question 7

How may process be served to a minor or incompetent person in the US?

Answer 7

ONLY by a method permitted by the law of the state in which service is to be made.

Question 8

How may process be served on parties in a foreign country?

Answer 8

• method allowed by in’l agreement (e.g. Hague)
• IF there is No applicable agreement then:
  
  • as directed by US court
  • method allowed by foreign contry’s law
  • method directed by foreign official from US court
  • personal service in foreign country
  • mail sent by the clerk of the US court requiring signed receipt

Question 9

How may a D waive service?

Answer 9

D may waive service of process.

P mails D a notice and request to waive, must include complaint and 2 copies of waiver form with prepaid means to return.

D must return form within 30 days (60 if outside US).

P filed waiver in court - this is when waiver is effective.

Note: D must pay costs of service if D did not have good cause for returning the form.