Service and Process Flashcards
What is a summons called in GDC?
Either: Warrant, or Notice of motion for judgment
What is a summons called in CC?
Summons
What is process?
(1) a summons, and (2) a copy of the complaint
What is summons?
a formal document issued by the court that commands the D to respond to the allegation.
Who may serve process? JX limitation? Payment?
an adult (18) civilian who is not interested in the case or by the sheriff or deputy. An officer may serve in her city or county and in contiguous localities. Plaintiff pays the officer’s fee.
When serving indiviuals, Virginia follows a descending order rule. What does that mean?
You can only move down the ladder if one of the “higher” forms of service is impossible.
Natural Person Service
What is the hierarchy of service in VA?
- Personal (or “actual”) service. 2.Substituted service. 3.Posted service.
Natural Person Service
What is personal service?
Actual, physical delivery directly to D. THIS MUST BE TRIED (AND UNAVAILABLE) BEFORE YOU CAN TRY ANY OTHERS.
Natural Person Service
How is substituted service performed?
Must be served: -At D’s usual abode -On member of D’s family who is at least 16 years old, and not a guest or temporary sojourner
A family member can be a guest/temp. sojourner
Natural Person Service
How is posted service performed? Can this form of process support a default judgment? Can non-residents be served this way?
- Post a copy of process on the front door of D’s usual place of abode AND mail a copy of process to that same address
- This method of service cannot support a default judgment unless a copy of service was mailed to the defendant at least 10 days before judgment
Non-residents can be served in the same way, but service may also be made on the secretary of the Commonwealth.
What are the immunity rules when D is in VA to be a witness for a civil case?
If the other case is a Virginia case, no immunity. If the other case is a Federal case, immunity. Virginia is different than the Federal rules here
There is immunity for one summoned to appear before the grand jury or in a criminal case; but…
even then, court can deny immunity if would thwart efficient administration of justice.
How is service performed on Virginia Entities (Corporation, LLC, partnerships, associations, etc.)?
- Service on officer, director, or registered agent
1. Partnership - General Partnerships: service can be made on general partner
- Limited Partnership: service can be made on the registered agent
2. No registered agent? service can be made on any agent of the entity
What is “the return” or “proof of service”?
A report to the court by an officer who served process, saying what he did to effect service
Why? court needs this so it can set deadlines for D’s response
Can a civilian make the proof of service report?
A civilian can do this too, but it is prima facie evidence of service if an officer does it, not so with a civilian.