Service of Process

Question 1

Process

Answer 1

Deliver to each D a summons and a copy of complaint.

Question 2

Who may serve process

Answer 2

3 way’s

1. Sheriff
2. Non-party adult
3. Someone appointed by court

Need to file a signed proof of service form. If by civilian, proof of service by affidavit.

Question 3

Service is proper when:

Answer 3

1. Personal service:
   Served wherever D is found in FL
2. Substituted service
   a. D’s living place at time of service
   b. Process left with someone at least age 15 and resides there; and
   c. server tells person contents of documents
   (or served to an agent of D)
3. Posted service
   (only works in dispossessory actions landlord against tenant)
   -Must have failed twice, at least 6 hrs apart, to make personal or substituted service

Question 4

Service on corporations

Answer 4

Three choices:

1. Descending order rule -
   i. President, VP, or head of Corp
   ii. Cashier, treasurer, secretary, or GM
   iii. Any director
   iv. any officer or business agent residing in FL

• or-
  2. Registered Agent

Question 5

Long arm statute

Answer 5

Serve out-of-state in any method allowed by FL law, by anyone authorized to serve there.

Question 6

Statute of Limitations

Answer 6

Filing complaint stops SoL. But D must be served w/i 120 days of filing.
-Can not serve process on Sunday unless w/ good cause

Question 7

Subsequent documents

Answer 7

Served on attorney or pro se party
(motions, discovery requests, etc.)
If mailed, response time increased by 5 days.