Pg 7

Question 1

What are different ways you can personally serve an individual?

Answer 1

– physical delivery
– leaving a copy at a place of abode with someone of suitable age or discretion who lives there
– delivering to an authorized agent
– giving it to a Marshall or specially court appointed person at the plaintiff’s request

Question 2

When do exceptions apply with regard to service on individuals?

Answer 2

When the individual is a minor, incompetent, doing active military service, or has filed a waiver

Question 3

What law applies to service of process on individuals?

Answer 3

The law of the state where the district court is located or the state where service is made

Question 4

When can service of process happen through publication?

Answer 4

When a person cannot be located

Question 5

What is imperative for service of process?

Answer 5

D must be present in the state at the time of service. He doesn’t have to have any contact with the state at the time of the events giving rise to the suit occurred.

Ie: if he is served in Arizona during a layover, he is physically and voluntarily present, although there is a possible fairplay and substantial justice argument

Question 6

What is necessary in order to serve someone with process if they are only present in the state for transit?

Answer 6

They must be voluntarily in the state. Engine trouble that forces a landing wouldn’t count

Question 7

If you are a domiciliary of a state, what are you amenable to suit for in that state?

Answer 7

Any cause of action even if it is unrelated to in-state activity

Question 8

Is it possible to have immunity from service of process?

Answer 8

Yes. Examples:

• the defendant is in Congress
• it is his Sabbath
• he is a representative for a foreign government or family or household member
• he is a witness, party, or lawyer that is only in the state to participate in a state court proceeding

Question 9

What is fraudulent service of process and what are the rules regarding it?

Answer 9

When a defendant is enticed by a plaintiff or an agent to come into the jurisdiction with the intent to serve him process. That is fraudulent and invalid, so it would be set aside. If the defendant was already in the jurisdiction, it is OK to lure him to a specific place to serve process

Question 10

What is an authorized agent with regard to service of process?

Answer 10

Specific appointment for someone else to accept service for you (usually made in a contract or by operation of law - like a statue that appoints someone as an automatic agent)

Question 11

What is the Hellenic Challenger with regard to SOP?

Answer 11

Service of process can be to a representative that is so integrated in the organization that he knows what to do with the papers and it would be fair and reasonable to imply his authority to get SOP

Question 12

If the defendant is in a foreign country, when is service of process allowed?

Answer 12

If it is done according to internationally agreed methods that are reasonably calculated to give him notice, according to the foreign country’s service laws, whatever way the foreign authority dictates in response to an inquiry, personal delivery if that is allowed there, or any form of mail that requires a signed receipt.

Any of these can apply unless the foreign country’s laws prohibit it.

Question 13

If there are multiple defendants, what is required with regard to SOP?

Answer 13

Each defendant has to be notified of the suit. You cannot notify one and have it count for all of them

Question 14

What does FRCP 5 do with regarding to service of process?

Answer 14

It allows the service of papers subsequent to a complaint by mailing to the party’s lawyer. The ideas is that the defendant has already been notified of the suit, so he should be keeping abreast of its developments

Question 15

What are the rules with regard to service of process on corporations, partnerships, or associations?

Answer 15

You can deliver the summons or complaint to an officer or an appointed agent, but you also have to mail a copy to the defendant, or by any method that the state allows for corporations.

Question 16

Is it possible for a corporation to be personally informed of an action through SOP?

Answer 16

Technically no, because corporations are not flesh and blood defendants

Question 17

If you are suing an agent of a corporation, how do you serve them?

Answer 17

You have to deliver papers to the defendant personally, not to a family member at his house

Question 18

When is service of process proper on an employee of a corporation for the corporation?

Answer 18

When the employee is highly enough placed in the corporation to make it probable that the corporate officers that need to respond to the suit will learn of it

Question 19

What are the rules when you need to serve the United States with process?

Answer 19

Service of process can be on an agent, corporation, officer, or employee.

It’s necessary that a copy be delivered to:

• the US attorney for the district where the action is brought or any authorized employee
• or the clerk at the US attorney‘s office as well as the Attorney General of the state

Question 20

If an officer or employee of the United States is sued in his official capacity, what are the rules with regard to SOP?

Answer 20

You must serve the United States and send a copy by registered mail to the agency, corporation, officer, or employee. This can be brought in any judicial district that he resides in, where a substantial portion of the events gave rise to the claim, or if the plaintiff resides somewhere but has no real property there

Question 21

If an officer of the US is sued individually, what is required with regard to SOP?

Answer 21

If it is for an act or omission that is in connection with the duties he performed for the United States, it is necessary that the United States be served as well as the officer

Question 22

If someone is suing a foreign state, what is necessary with regard to SOP?

Answer 22

Suit can be brought in any district that a substantial part of the events or property happened in, where a vessel or cargo of the foreign state is, where an agency is licensed to do business or is doing business, or in DC if the action is brought against a foreign state or political subdivision.

Question 23

What is an alternative to SOP?

Answer 23

Constructive notice or service by publication

Question 24

What is involved in service by publication?

Answer 24

This usually happens in a newspaper and it isn’t likely to give actual notice, so is technically a legal fiction. This is a last resort that is only used when all other methods to serve process have failed or there isn’t enough information.

Question 25

If you publish SOP in a newspaper in a different state than the defendant, knowing his identity and his location, is that service effective?

Answer 25

No

Question 26

What is the only time that service by publication is allowed?

Answer 26

If it is not reasonably possible or practicable to give more adequate warning because the person is missing or unknown

Question 27

What are the things to consider on an essay if you are discussing service by publication?

Answer 27

If it was reasonably calculated to be received by the interested parties and to give actual notice. If the owner is known or there is an address for him, that person must be individually contacted. The reasonableness depends on the circumstances, like how much information the state has

Question 28

What are some issues that can arise to trick you on an exam with regard to SOP that you need to be aware of?

Answer 28

• person that is serving service of process is not 18 or is a party to the suit
• service is done not at the defendant’s actual home [but at a summer home]
• documents were pushed under the door [not with someone who lives there]
• person who took the documents didn’t actually live at the house, wasn’t old enough, or had mental issues
  – an employee was served but the suit was against the boss
  – a person has many houses around the world [people can have more than one abode]