Service of Process

Question 1

Service of Process: documents

Answer 1

(1) summons, AND

(2) copy of the complaint

Question 2

When do you have to serve process?

Answer 2

within 120 days after filing the case

If not, dismissed without prejudice (not dismissed if P shows good cause for the delay in serving)

Question 3

Who may serve process?

Answer 3

any non-party who is at least 18 years old

Question 4

Proper methods of service

Answer 4

any method permitted by (1) the FRCP
(2) the law in which the state in which it sits, or

(3) the law of the state in which service is effected

Question 5

Serving process under the FRCP

Answer 5

personal service- papers are given to D personally anywhere in forum state

Substituted service- process is left with person at D’s abode:

(1) D’s usual abode
(2) serve someone of suitable age and discretion who resides there

Agent Service- Can serve D’s agent who is authorized to receive service

Question 6

Waiver by mail

Answer 6

Mail to D a copy of the complaint and two copies of a waiver form, with a prepaid means of returning the form. D can return the executed waiver form within 30 days. If she does, P files waiver in court.

If D fails to return and then P personally served D or by substituted service, D must pay cost of the service.

Question 7

Geographic Limit on Service of Process

Answer 7

Can serve process outside of NY only to the extent a NY state court could