Service of Process Flashcards
In order to serve process you must meet the following requirements:
You must be at least 18 years old, and you must not be a party to the action.
You can serve process on which days of the week?
Every day except Sunday. Not saturday if the person is a Sabbath observer.
Service of Process requires due dilligence, which means what?
You went to the persons house when it was reasonable to think the person would have been there. You also made repeated attempts.
Service of Process by mail is accomplished by sending the papers to d first class. Professor doesnt recommend it though. That leaves you with 308 as your method of service. What types of service does 308 allow?
Hand delivery, delivery & mail, delivery of summons with the agent, nail & mail
308(2) is delivery & mail service. How is this accomplished?
by delivering the summons within the state to a person of suitable
age and discretion at the actual place of business, dwelling place or
usual place of abode of the person to be served and by either mailing
the summons to the person to be served at his or her last known
residence or by mailing the summons by first class mail to the person to
be served at his or her actual place of business in an envelope bearing
the legend “personal and confidential” and not indicating on the outside
thereof, by return address or otherwise, that the communication is from
an attorney or concerns an action against the person to be served, such
delivery and mailing to be effected within twenty days of each other;
proof of such service shall be filed with the clerk of the court
designated in the summons within twenty days of either such delivery or
mailing, whichever is effected later; service shall be complete ten days
after such filing; proof of service shall identify such person of
suitable age and discretion and state the date, time and place of
service,
If service was accomplished with hand delivery in ny, then the recipient has ________ days to respond. If out of state then recipient has _______ days to respond.
20, 30
If you’re trying to hand deliver, and the recipient refuses to accept service, you can ______________.
Place the service within the vicinity.
Substitute service is accomplished by delivering process to _______ and mailing process to _______.
Deliver – to a person of suitable age and discretion at the actual place of business, dwelling place
or usual place of abode of the person to be served; AND
b. Mail – to the person at last known residence or actual place of business
308(4) is the last resort. how is it different than substitute service?
You don’t get anyone at the delivery stage, so you just nail it up to one of the places.
Affidavits of Service are to be filed __ days after service, and service is over __ days after filing.
20, 10
After service, the defendant has __ days to make an appearance. The state has __ days from completion of service. If defendant makes a 3211 motion, then the defendant has __ days from the denial of such to make an appearance.
20, 30, 30
