Service of Process

Question 1

Summons and Subpoena

Answer 1

service of process begins with issuance of a summons on a party by the clerk of the court

Summons → for parties

Subpoenas → for nonparties

Question 2

Methods of Service

Answer 2

1. Personal Service
2. Substituted Service
3. Constructive Service, or Service by Publication
4. Service by Mail

Question 3

Personal Service

Answer 3

deliver to the defendant in person

Question 4

Substituted Service

Answer 4

leave the summons at the defendant’s place of abode or employment with any person residing or working there who is 15 years or older, and telling that person the contents of what is in there

Question 5

Constructive Service, or Service by Publication

Answer 5

may be used when you can’t find the party to be served

Question 6

Service by Mail

Answer 6

can be used as your first attempt! Steps: send a letter saying will you accept service by mail (send cover letter +, and they have to respond (saying yes they will accept, or not).

Question 7

By when does Defendant have to be served?

Answer 7

Defendant must be served within 90 days

You can get more time, but you have to ask for it and have to show a good reason