Service of Process

Question 1

Service of Process - General

Answer 1

Service of Process is the delivery to D by P of the summons and complaint, which satisfies notice requirements for PJ. Subsequent papers filed with the court (e.g. motions, answers0 do not require formal service

Question 2

Service of Process - Requirements (2)

Answer 2

1) Summons - Formal notice of Suit
- Must be signed by court clerk, tell D when/where to appear, and identify the court, parties, P’s attorney

2) Copy of complaint

Question 3

Service of Process - Timing

Answer 3

Service must be within 90 days of filing of the case

• If not satisfied, case dismissed without prejudice, unless P shows good cause for delay

Question 4

Service of Process - Who May Serve

Answer 4

Any non-party aged 18 or older

Question 5

Methods of Service & Waiver of Service - 4 Most Common Methods

Answer 5

1) Personal Service

2) Substituted Service: left with 3rd party at D’s “usual abode” (3rd party must be legally competent, reside at abode

3) Service upon D’s Authorized Agent: Receipt of service must be within scope of agency

4) Any method permitted under state law: Allowed if state is …
a) where the fed court sits, or
b) where service is effected, i.e. service occurs

Question 6

Methods of Service & Waiver of Service - Waiver of Service

Answer 6

P may request that D waives service y mailing D the complaint and a formal request to waive service

If D denies request or fails to respond, P must serve through another acceptable method, D is then obliged to pay for the cost of that service

If D agrees to waive service, D extends her time to answer complaint to 60 days from the date the waiver request was sent

Waiving service does not waive the right to object to venus or jx