notice to D Flashcards

1
Q

who can serve process

A

sheriff in his J or contiguous J

disinterested party (18 nonparty/family)

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2
Q

when must process be served

A

within 1 year of filing complaint

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3
Q

ways to serve process on individuals in VA

A

personal service

substitute service

posting

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4
Q

substitute service

A

actual physical delivery to D home to fam member 16+ who lives there

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5
Q

posting

A

front door of home

mail copy to same address

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6
Q

service of process on nonresident motorist

A

serve commission of DMV

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7
Q

service of process on nonresident person flying

A

serve secretary of commonwealth

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8
Q

service on entities

A

officer/director/registered agent

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9
Q

service on general partnership

A

general partner

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10
Q

service on LP

A

registered agent

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11
Q

serving a foreign entity

A

clerk of SCC

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12
Q

what is good process bad service

A

if D receives process within 1 year of filing complaint, service is good even if the process was bad

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13
Q

what grants PJ over an out of state D?

A

VA long arm statute

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14
Q

VA long arm statute examples

A

any BA transaction

causing tort inside VA

tort outside VA, injury in VA, if D regularly does BA in VA

breach of warranty outside VA, injury in VA, if D regularly does BA in VA

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15
Q

who can request to waive service?

A

P

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16
Q

what happens if D waives service?

A

extends time to file to 60 days

if outside VA, 90 days

17
Q

what if D doesnt waive service?

A

P can recover court costs

18
Q

Good process bad service

A

Curative statute

If D receives process wirhin 1 year of complaint filed, service is good

still need both summons and complaint

19
Q

When must p serve process?

A

Within 1 year of filing complaint

20
Q

How do you serve a VA CORP?

A

Officer director or RA

If no RA, any agent

21
Q

How do you serve a foreign corp?

A

Clerk of SCC

22
Q

how to serve out of state D?

A

serve virginia secretary of commonwealth