Service of Process Flashcards
What is a summons called in GDC?
Warrant if you use a civil warrant as complaint
Notice of motion for judgment if you use motion for judgment as complaint
What is a summons called in circuit court?
A summons
Who may serve in VA?
Adult civilians who are not interested in the case
Sheriff or deputy
What are three types of service in VA?
Personal
Substituted
Posted
Is personal service requirement different in VA than federal?
YES…this must be attempted and unavailable before any other methods are attempted.
What are the requirements for substituted service in VA?
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
How does Posted service work?
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
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?
It can be with the curing statute - show D received documents in timely manner
Can D waive service like in federal courts
Yes, same process.
Is D immune from service if in the state to be a witness in another civil case?
No. But she is immune from federal service.
Is there an immunity from service if the D is testifying in a criminal case or before a grand jury?
Yes but it can be denied if it would thwart administration of Justice
How can you serve out of state defendant on the long arm statute?
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
How do you serve a VA Corp or nonVA Corp qualified to do business here?
Personally serve registered agent or any officer or director
What if personal service on Corp fails?
Serve the clerk or the State Corporation Commission
How do you serve process under NRMA?
Serve the commissioner of motor vehicles.
Give affidavit of due diligence and D’s nonresidence
When is service by publication appropriate?
P gives affidavit of due diligence to find D
How long does D have to respond to service by publication complaint?
D has 50 days to respond to complaint posted
When types of cases can service by publication be used for?
Rights to property or rights to status (divorce)
What does an affidavit for constructive service need to show?
Last known address of D
That address is unknown
When must the return aka proof of service be filed?
Within 72 hours
If return is signed by an officer, what type of evidence is this that service occurred?
Prima facie
What is on the proof of service?
Signature of server
Jurisdiction and state where service was accepted
How long does P have to serve after commencing a case?
Within 1 year or it will be dismissed unless there was a showing of due diligence to serve
