Service of Process

Question 1

What is a summons called in GDC?

Answer 1

Warrant if you use a civil warrant as complaint

Notice of motion for judgment if you use motion for judgment as complaint

Question 2

What is a summons called in circuit court?

Answer 2

A summons

Question 3

Who may serve in VA?

Answer 3

Adult civilians who are not interested in the case

Sheriff or deputy

Question 4

What are three types of service in VA?

Answer 4

Personal

Substituted

Posted

Question 5

Is personal service requirement different in VA than federal?

Answer 5

YES…this must be attempted and unavailable before any other methods are attempted.

Question 6

What are the requirements for substituted service in VA?

Answer 6

At D’s usual abode

With member of D’s family at least aged 16 (no guests)

Tell the person server the purpose of the documents

Question 7

How does Posted service work?

Answer 7

Post a copy on D’s door

At least 10 days before default judgment, mail process to D

Certify to the clerk that mailing took place

Question 8

What if you give papers to someone who doesn’t fit the substituted service requirements but they have documents to D anyway. Is service valid?

Answer 8

It can be with the curing statute - show D received documents in timely manner

Question 9

Can D waive service like in federal courts

Answer 9

Yes, same process.

Question 10

Is D immune from service if in the state to be a witness in another civil case?

Answer 10

No. But she is immune from federal service.

Question 11

Is there an immunity from service if the D is testifying in a criminal case or before a grand jury?

Answer 11

Yes but it can be denied if it would thwart administration of Justice

Question 12

How can you serve out of state defendant on the long arm statute?

Answer 12

Plaintiff makes affidavit that D is nonresident and cannot be found at last known address

Plaintiff gives process and copy of affidavit to Secretary of the Commonwealth

Secretary mails both to D by certified mail

Secretary sends certificate of mailing to the court

Question 13

How do you serve a VA Corp or nonVA Corp qualified to do business here?

Answer 13

Personally serve registered agent or any officer or director

Question 14

What if personal service on Corp fails?

Answer 14

Serve the clerk or the State Corporation Commission

Question 15

How do you serve process under NRMA?

Answer 15

Serve the commissioner of motor vehicles.

Give affidavit of due diligence and D’s nonresidence

Question 16

When is service by publication appropriate?

Answer 16

P gives affidavit of due diligence to find D

Question 17

How long does D have to respond to service by publication complaint?

Answer 17

D has 50 days to respond to complaint posted

Question 18

When types of cases can service by publication be used for?

Answer 18

Rights to property or rights to status (divorce)

Question 19

What does an affidavit for constructive service need to show?

Answer 19

Last known address of D

That address is unknown

Question 20

When must the return aka proof of service be filed?

Answer 20

Within 72 hours

Question 21

If return is signed by an officer, what type of evidence is this that service occurred?

Answer 21

Prima facie

Question 22

What is on the proof of service?

Answer 22

Signature of server
Jurisdiction and state where service was accepted

Question 23

How long does P have to serve after commencing a case?

Answer 23

Within 1 year or it will be dismissed unless there was a showing of due diligence to serve