Process and Orders of Publication - Part A Flashcards
What is service of process?
Legal notice that a defendant is now subject to a suit brought by a claimant, petitioner, or plaintiff
What is the concern during service of process?
The only concern is the initial complaint (does not include subpoena of witness or records)
How is SoP done in CC?
Process consists of the complaint with a summons attached by the clerk (the blue sheet)
Both must be served to each defendant
How is SoP done in GDC?
Process consists of a complaint, motion for judgment, or warrant. There is no separate summons in GDC
Does actual knowledge = legal service of process?
No, actual knowledge of a pending lawsuit is not tantamount to legal SoP
Who can serve process? (2)
-A sheriff and any deputy within that county or in any contiguous county
-any person who is: over 18, and not a party or otherwise interested in the proceeding
How is SoP done in Virginia?
It is hierarchal, and service on natural persons must be attempted in a certain order
What is the order for the manner of SoP in Virginia?
1) Delivery in person (personal service)
2) Substituted service: service to a family member who is at least 16, lives with the defendant (not a temporary sojourner), and is served at the defendant’s usual place of abode
3) Substituted service: Posting (on the front door of usual place of abode) (prima facie evidence of good service)
If service is done by posting, can a default judgment be entered
No, unless the plaintiff has mailed a copy of the process to the defendant at least 10 days prior to the date that the judge is being asked to enter default judgment (and filed a certificate to that effect)
What is the general rule for service that is defective?
Even if it is defective, if the defendant actually received process, the defendant will be deemed properly served
What is the exception to the general rule for defective service?
The curative statute does not apply to divorce or annulment matters
Special Service: Convicts
Service is by delivery to convict or the officer in charge of the institution
Special Service: Domestic Corps
Service generally requires personal service on any officer, director, registered agent of the corp, or a person designated to receive process
Special Service: Foreign Corps who is authorized to do business in Virginia
personal service on an officer, director, or registered agent anywhere in Virginia, or on the clerk of the SCC
Special Service: Foreign corps who are not authorized to business in VA
service can be made on any agent anywhere in VA
