Service

Question 1

Service

Answer 1

Do the facts include a process server? Check whether 12(b)(4) or 12(b)(5) MTD is applicable

Question 2

Service elements (3)

Answer 2

a. Server
b. Time limit for service
c. D serviced with process while voluntarily in the forum state is subject to PJ there even without consent to it

Question 3

Service methods (4)

Answer 3

1. summons & complaint by personal service on D or authorized agent, substituted service (leaving copy of summons and complaint at D’s abode)
2. state law’s method
3. waiver by mail (D may waive service based on P’s request)
4. in foreign countries, alternate methods in appropriate cases where reasonably calculated to give notice to D (e.g., if email is only way)

Question 4

Who can be a server?

Answer 4

Must be any non-party over age 18

Question 5

Substituted Service

Answer 5

Service at D’s usual place of abode with person of suitable age and discretion, or to D’s agent (but NOT D)

Question 6

Who may request waiver to service?

Answer 6

P may request that D waive service

Question 7

When must D return waiver request to satisfy waiver of service?

Answer 7

Service waived if D returns waiver within 30 days.

Question 8

What happens to time the time a D has to answer a complaint after a waiver request is filed? (What is the normal time to answer?)

Answer 8

Time to answer (normally 21 from service) extends to 60 after waiver request filed.

Question 9

What is the time limit for service on D after complaint is filed?

Answer 9

D must be served within 90 days after complaint is filed

Question 10

What MUST court do if D is not served within the time limit for service after a complaint is filed? (2)

Answer 10

Court MUST:
1. dismiss the action, OR
2. order that service be made within a specified time

Question 11

What exceptions are there to what the court MUST do if D is not served within the time limit for service after a complaint is filed? (2)

Answer 11

1. P’s good cause
2. Service in foreign country