Service of Process

Question 1

What are the sources of positive law that establish the requirements for service of a summons?

Answer 1

1. The Due Process clause of the 14th Amendment
2. FRCP 4

Question 2

What cases flesh out the Constitutional Requirements of the Due Process clause pertaining to Service of Process?

Answer 2

1. Pennoyer v. Neff
2. International Shoe Co. v. Washington
3. Mullane v. Central Hanover Bank

Question 3

How does Pennoyer v. Neff flesh out the Constitutional Requirements of the Due Process clause pertaining to Service of Process?

Answer 3

Pennoyer v. Neff establishes that constructive notice through publication is insufficient to establish court authority over out-of-state defendant.

Question 4

How does International Shoe Co. v. Washington flesh out the Constitutional Requirements of the Due Process clause pertaining to Service of Process?

Answer 4

International Shoe Co. v. Washington establishes the requirements for establishing court authority over out-of-state defendants.

Question 5

How does Mullane v. Central Hanover Bank flesh out the Constitutional Requirements of the Due Process clause pertaining to Service of Process?

Answer 5

Mullane v. Central Hanover Bank establishes that “the Due Process clause requires that notice must be reasonably calculated to apprise each of the parties who are defendants in an action and provided an opportunity to defend themselves.” meaning that the means employed must be such that you can reasonably expect them to get notice.

Question 6

How far do you have to go to ensure the defendants receive notice?

Answer 6

You have to make an effort (within reason), but you don’t have to do everything possible.

Question 7

What is an example of reasonable effort for a defendant who is local and whose correct address is known?

Answer 7

A reasonable effort for a defendant who is local and whose correct address is known is to hire a process server.

Question 8

What is an example of a reasonable effort for a defendant who is remote and whose correct address is known?

Answer 8

Send certified mail if a process server is not available where they are.

Question 9

What is an example of a reasonable effort for a defendant whose name is known, but not their address?

Answer 9

Try to track them down and reach out to them through available methods.

Question 10

What is an example of a reasonable effort for a defendant whose identity is unknown?

Answer 10

Put out publication.