Service

Question 1

Rule 4(e)(2) of the Federal Rules of Civil Procedure (FRCP) provides that an individual defendant may be served by

Answer 1

Rule 4(e)(2) of the Federal Rules of Civil Procedure (FRCP) provides that an individual defendant may be served by delivery of a copy of the summons and complaint to

(1) the defendant himself;
(2) an individual of “suitable age and discretion,” who resides at the defendant’s dwelling or usual place of abode, and who is at that dwelling or abode when delivery occurs; or
(3) an “agent authorized by appointment or by law to receive service of process” on behalf of the defendant.

Question 2

4(e)(2) Serving an Individual Within a Judicial District of the United States

Answer 2

SPASM

State-authorized
Personal
Agent
Suitable age and discretion living at residence
Mailed waiver

(e) Serving an Individual Within a Judicial District of the United States. Unless federal law provides otherwise, an individual—other than a minor, an incompetent person, or a person whose waiver has been filed—may be served in a judicial district of the United States by:

(1) following state law for serving a summons in an action brought in courts of general jurisdiction in the state where the district court is located or where service is made; or

(2) doing any of the following:

(A) delivering a copy of the summons and of the complaint to the individual personally;

(B) leaving a copy of each at the individual’s dwelling or usual place of abode with someone of suitable age and discretion who resides there; or

(C) delivering a copy of each to an agent authorized by appointment or by law to receive service of process.

Question 3

Service, waiver, and time to respond

Answer 3

Time to respond to waiver request under 4(d):

1. 21 days to respond after being served.
2. 60 days from waiver sent date if waived.
3. 90 days if waiver request is sent out of US.

Question 4

4(e)(2) Service on individual D in United States judicial district

Answer 4

Individual other than minor, incompetent, or waiver filed

1. State where district is located or service made; or
2. Delivery to D personally;
3. Copy left at D’s abode/dwelling w/resident of suitable age/discretion;
4. Delivery to agent authorized by appointment of law

Question 5

4(c) Basics of service

Answer 5

1. Summons served w/complaint under 4(m) time
2. By non-party 18+; or
3. P may request US Marshal or deputy or appointee of court

Question 6

4(f) Serving individual in foreign country

Answer 6

Non-minor/incompetent/waiver:

1. Internationally agreed upon reasonably calculated to give notice;
2. If no internationally agreed means, by a method reasonably calculated to give notice:
   A. As prescribed by foreign country’s law service/action
   B. Foreign authority directs to a letter rogatory/request;
   C. Unless prohibited by foreign country:
   i. personally
   ii. mail with signature required
3. As ordered by the court if not prohibited by international agreement.

Question 7

4(g) Serving minor/incompetent

Answer 7

1. Personal service
2. Per 4(f) foreign country rules

Question 8

4(h) Serving artificial person

Answer 8

1. Judicial district in US
   A. follow individual rules under 4(e); or
   B. personal service to officer/manager/agent or by mail if required/authorized under statute
2. Foreign, follow 4(f) except personal delivery under (f)(2)(C)(i)

Question 9

Notice required to potential class-action plaintiffs - FRCP 23(b)(3)

Answer 9

The notice must state clearly and concisely in plain language:

1. the nature of hte action
2. the definition of the class certified
3. the class claims, issues, or defenses
4. that a class member may enter an appearance through an attorney if the member so desires;
5. that the court will exclude from the class any members who request exclusion;
6. the time and manner for requesting exclusion; and
7. the binding effect of a class judgement on members unrder Rule 23(b)(3).