Service of process

Question 1

Who is authorized to serve?

Answer 1

any NON-PARTY who is at least 18 years old may serve process and has 90 days from filing in which to serve process

Question 2

when is process proper (2 things)

Answer 2

1) method of process proper under FRCP AND

2) method is constitutional

Question 3

What are the 5 Proper methods for service

Answer 3

AWASP

1) Abode
2) Waiver
3) Agent
4) Service
5) Personal service

Question 4

Abode

Answer 4

Abode service is authorized service if leaves process at D’s LAST and USUAL abode with somebody residing therein of suitable age and discretion

Question 5

Waiver

Answer 5

P mails complain to D with request D waive formal process methods.

Question 6

What is benefit of waiver to D?

Answer 6

if waive D gets 60 days to respond to complaint, when normally it is 21 days.

Question 7

Agent Service (for corporations)

Answer 7

make personal service on or mailing request to waive to

1) AUTHORIZED AGENT or
2) MANAGING AGENT.

Abode not good.

Question 8

State Method

Answer 8

Federal court may always borrow any available method of process of state where it sits OR
2) where the state in which service is going to happen

Question 9

Personal Service

Answer 9

direct personally to D.

Question 10

When is process constitutional?

Answer 10

If it is REASONABLY CALCULATED to apprise parties of litigation

1) reasonably calculated
2) process NEED NOT actual process

AWASP ALWAYS constitutional

Question 11

under FRCP does P need to mail D copy of summons of complaint and service if left at abode?

Answer 11

NO

- But in IL must mail copies