Service Notice, Opportunity to be heard Flashcards
What does Mullane teach us about Notice?
The process requires the government to provide “notice reasonably calculated, under all of the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.”
What is the reasonableness inquiry?
How effective was the notice?
How burdensome was the notice?
What are the State’s Interest weighed against the interest of the individual?
What are the alternatives to notice?
What happened in Jones v. Flowers?
Facts: Jones failed to pay property taxes for 3 years. Government certified mail twice and was returned marked unclaimed.
Held: If state knows mail failed, state must take reasonable steps to give notice if practical.
What was learned in Mennonite?
Notice by mail is a minimum service of notice if name and address are reasonably ascertainable. (Case where person didn’t pay her taxes and notice was posted on the county courthouse and mailed via certified mail to person, but Mortgage company was not given proper notice (e.g. certified mail.)
What must be satisfied in a service inquiry?
Must satisfy relevant service statute. Rule 4C, 4E, and 4H govern service and notice.
What is the service of process due in private disputes?
- Consideration of private interest that will be affected by the official action (small or big)
- The risk of an erroneous deprivation of such interest through the procedures used and the probable value, if any of additional or substitute safeguards
- The government’s interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail?
What happened in Connecticut v. Doehr?
Facts: Digi attached Doehr’s house in a torts claim to cover the damages. Connecticut law permitted attachment of real estate without prior notice. Doer sued stating statute was unconstitutional.
Held: The Connecticut provision, by failing to provide a preachment hearing without at least requiring a showing of some exigent circumstance, clearly fell short of the demands of due process
