Service of Process

Question 1

Process generally consists of which two documents?

Answer 1

Summons and Complaint

Question 2

Personal service can be given to D where?

Answer 2

Anywhere

Question 3

Substituted service at D’s summer home is ok if these two things are true . . .

Answer 3

D’s usual abode

Process was served on someone of suitable age and discretion who RESIDES there.

Question 4

Process can be served through D’s agent IF what is true?

Answer 4

The act of receiving service is in the scope of the agency

Question 5

In addition to personal service, substituted service, and service on D’s agent, what other methods can be used?

Answer 5

Any method permitted by the state law of the state where the federal court sits OR where service is made.

Question 6

Describe waiver by mail? What happens?

Answer 6

P mails a copy of the complaint and two copies of a waiver form to D, with a prepaid means of returning the form. If D executes and mails waiver form to P within 30 days, D waives formal service of process.

Question 7

If D waives formal service of process, does he waive defense of lack of PJ?

Answer 7

No

Question 8

When D signs a waiver of formal service of process, what must P do?

Answer 8

File the waiver in court.

Question 9

P properly sends D a waiver or service of process form. D fails to return within 30 days? What results? (2)

Answer 9

P has formally served D

If D lacks good cause for failing to return the waiver, then he must pay costs of service.

Question 10

Documents other than the summons and complaint do/don’t get served.

Answer 10

Do

Question 11

Documents other than the summons and complaint get served how?

Answer 11

Via delivery or mail to the party’s atty.

Question 12

Usually, a party has 30 days to respond to Rogs. Any extra time if sent by mail?

Answer 12

3 days

Question 13

Service of subsequent documents ok by email?

Answer 13

If parties agree.