Service and Summons

Question 1

§4(d) Service, waiver, and time to respond

Answer 1

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 2

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

Answer 2

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 3

4(c) Basics of service

Answer 3

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 4

4(f) Serving individual in foreign country

Answer 4

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 5

4(g) Serving minor/incompetent

Answer 5

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

Question 6

4(h) Serving artificial person

Answer 6

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 7

Which state’s laws apply for service?

Answer 7

1. State in which D is served; or
2. State in which the action is brought.