service of process Flashcards
Documents for service of process generally
Summons and complaint
documents for service of process in GDC [2 sets]
(1) warrant (summons) + civil warrant complaint
(2) notice of motion for judgment + motion for judgment complaint
documents for service of process in circuit
Summons and complaint
how to serve process on individuals in Virginia
there are four places where venue may be laid:
(1) district where every D resides
(2) any district in the state if every D resides in that state
(3) where a substantial part of the cause of action arose
(4) if none of the preceding options, in a district that has personal jurisdiction over the D.
analyze whether venue was proper.
A court may transfer venue from an improper venue to a proper venue.
A court may transfer venue from a proper venue to another venue as well, even though the original venue was laid properly. A court will consider three
who can serve process in Virginia
(1) adult civilian who is disinterested [nonparty]
(2) sheriff or deputy may serve in her city or county or in contiguous localities [P pays officer’s fee]
How to serve process in Virginia
descending order rule, unlike federal court in which each method of service is an alternative
(1) personal service [must be tried first]
- deliver process to defendant
(2) substituted service [must be tried second] [must be tried third]
- deliver to a family member at least age 16 at defendant’s usual abode [not simply a guest]
- you must tell person the purpose of the documents
(3) posted service [nail and mail]
– post copy of process to front door [not mailbox]
– mail process no fewer than 10 days before taking a default jdugment
– certify to clerk that mailing took place
*and if in the Circuit court, process must indicate that if D defaults P may seek default 10 days after mailing
who can serve process in Virginia
(1) adult civilian who is disinterested [nonparty]
(2) sheriff or deputy may serve in her city or county or in contiguous localities [P pays officer’s fee]
what is the curing statute
as long as D actually and timely receives process, defective service is cured
never applies in divorce cases or annulment cases
who can serve process in Virginia
(1) adult civilian who is disinterested [nonparty]
(2) sheriff or deputy may serve in her city or county or in contiguous localities [P pays officer’s fee]
how does waiver of service of process work?
same way as in federal court
P may request by mail that D waive service
when is D immune from service
IMMUNE:
(1) D is summoned to appear before a grand jury
(2) D is summoned to appear in a criminal case
NOT IMMUNE:
(1) being a witness in another civil case [different from fed court]
who can serve process in Virginia
(1) adult civilian who is disinterested [nonparty]
(2) sheriff or deputy may serve in her city or county or in contiguous localities [P pays officer’s fee]
who can serve process in Virginia
(1) adult civilian who is disinterested [nonparty]
(2) sheriff or deputy may serve in her city or county or in contiguous localities [P pays officer’s fee]
service under the long-arm statute for out of state Ds
who can serve process in Virginia
(1) adult civilian who is disinterested [nonparty]
(2) sheriff or deputy may serve in her city or county or in contiguous localities [P pays officer’s fee]
