Service Flashcards
Service of Process:
Who can serve it?
Any non-party who is at least 18 years of age
Service of Process:
What must be included?
1) Summons
2) Copy of the Complaint
Service of Process:
How is it served?
1) Personal Service
2) Substituted Service
3) Service on D’s Agent (in scope of agency)
4) Other methods permitted by state law of the state where the federal court sits or where service is made
Service of Process:
Requirements for substituted service
1) Made at D’s usual abode
2) On someone who is of suitable age and discretion
3) Who resides there
Service of Process:
Waiver by mail
1) Mail D (a) the complaint, (b) two copies of the waiver form, and (c) prepaid means of returning form
2) If D executes and mails waiver form to P within 30 days, D waives formal service of process
3) P then files waiver in court
Service of Process:
Penalty for refusing to sign waiver
D will have to pay costs of service of process if he does not have good cause for failing to return the waiver
Service of (Non-Process) Documents
Service by mail: Effective upon mailing; party gets extra 3 days if there’s a response deadline
Service by email: Okay if party consented
When must service be completed by?
Within 90 days of filing complaint, but may be extended for good cause.
How are corporations served?
By an officer, managing partner, or general/ authorized agent,
When does a party have immunity from service in a state?
If a party, witness, or attorney enters a state to take part in a judicial proceeding it cannot be served.
Also, if plaintiff got the party to come to the state by fraud or deceit it cannot be served.
