Service of Process

Question 1

Who can serve process?

Answer 1

Any nonparty who is at least 18 years old

Question 2

How is process served? (3+other)

Answer 2

1. Personal service
2. Substituted service
3. Service on D’s agent (within scope of agency)

+Other methods as permitted by state law (e.g., by mail)

Question 3

What does notice consist of? (2 elements)

Answer 3

1. Summons AND
2. Copy of the complaint

Question 4

Where and to whom can substituted service be given?

Answer 4

Substituted service can be delivered:

1. To D’s usual abode, AND
2. On someone of suitable age and discretion who resides there

Question 5

What are the requirements of personal service?

(Given to whom?)

(Given where?)

Answer 5

1. Papers must be given to D personally
2. Can be served anywhere, EXCEPT immunity if D is present in jurisdiction solely on court business (i.e., Court can’t lure D back into the jd)

Question 6

What are the requirements for requesting waiver of service by mail?

Answer 6

1. Copy of the complaint;
2. copies of waiver form; AND
3. Prepaid means of return

Question 7

How long does D have to waive formal service of process?

Answer 7

D must execute and mail waiver within 30 days

Question 8

What must P do after serving process?

Answer 8

File a report with the court detailing how service was made

If server was civilian, the report is by affidavit

Question 9

What happens if D fails to return the waiver form?

Answer 9

P has to serve D personally or by substituted service.

(N.B. If D did not have good cause for failing to return the waiver, D pays the costs of service!)