Service of Process

Question 1

What is the commencement of an action?

Answer 1

A civil action is commenced upon the filing the complaint with the court.

After the complaint is filed, the P presents a summons to the clerk for signature and seal.

A summons is a court document that informs the D that the complaint has actually been filed and that he must respond to it, or else be held in default.

Question 2

What is service of process?

Answer 2

A plaintiff must serve a copy of the complaint and summons on the D(s).

Service must be accomplished within 90 days of the filing of the complaint.

Service may be effected by any person who is over 18 years of age and not a prty to the suit.

Question 3

How is process served?

Answer 3

OPTION 1:

Process can be served on the D by following the manner prescribed by the state court in the state where the federal suit has been filed or the state court in the state where the D will be served.

OPTION 2:

Process can be served in the manner in Rule 4.

Natural person:

1. personally delivering the process to the D himself, wherever he may be;
2. leaving process at the D’s usual place of abode with a person of suitable age and discretion who resides there; or
3. serving the D’s registered agent; or
4. mail process to the D with a letter requesting that the D waive process.

Entities: Serve process:

1. on an officer;
2. managing agent or general agent; or
3. any other agent authorized by appointment or by law to receive service.