Service of Process

Question 1

What is service of process?

Answer 1

Basic idea of service of process is that the def. is entitled to notice that he has been sued/hailed into court. Usually service consists of:

1. A summons, formal court notice of suit and time to respond
2. A copy of the complaint
   * These documents together are called “process”

Question 2

Who can serve process?

Answer 2

Any nonparty 18 years or older

*Does not have to be the court

Question 3

Where can process be served?

Answer 3

Anywhere

Question 4

What are methods of serving process?

Answer 4

1. Personal service

2. Substituted Service

Question 5

What is substituted service and examples of it?

Answer 5

Service that is left for the defendant in a manner that he will receive it

1. Def’s usual abode (common sense)
   a. If it is summer time than it is probably his usual abode
   b. Does not have to reside there everyday
2. Serve someone of suitable age and discretion, and resides there
   a. Does not have to be related to the def.
   b. Process can be service to the def’s agent
   i. Corp – can serve an agent

Question 6

How must service be made in federal court?

Answer 6

1. Don’t have to do personal
2. No preference
   a. Personal
   b. Agent
   c. Substituted
   d. Permitted by state law where district is
   i. Service by mail
   e. Waiver by mail (30 days within def sends)
   i. All you waive is formal service
   ii. Plaintiff then files the waiver in court and it is effective then
   A. Plaintiff fails to return waiver form – There is a penalty and she pays the cost of service
3. Return of Service
   a. Failure of return does not affect the validity of service