Service of process Flashcards

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1
Q

Bulge provision

A

A federal court has personal jurisdiction over a party who:

(1) served within a U.S. judicial district and
(2) not more than 100 miles from where the summons is issued, even if state law would otherwise not permit such service.

This rule applies to third-party defendants joined by impleader, even if the service is outside of the state and beyond its long-arm statute jurisdiction.

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2
Q

Nationwide service of process

A

A federal court only has national personal jurisdiction when authorized by federal statute, such as for federal statutory interpleader actions.

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3
Q

Proper service

A

Service is proper if pursuant to the federal rules.

Under the federal rules, service may be made by:

(a) delivering the summons and complaint:

  • to an individual persoanlly; or
  • by leaving a copy of each at the individual’s dwelling or usual place of abode with someone of suitable age and discretion who resides there;

(b) following state law for serving a summons in an action brought in courts of general jurisdiction:

  • in the state where the district court is located—i.e., the forum state; or
  • in the state where service is made.
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4
Q

Proof of service of process

A

Unless formal service is waived, a process server must submit proof of service to the court.

Failure to make proof of service, however, does not affect validity of the service.

The federal rules do not specify a time frame for making proof of service.

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5
Q

Due process requirements

A

Due process is met if the notice is reasonably calculated, under all the circumstances:

(1) to apprise interested parties of the pendency of an action; and
(2) afford them an opportunity to present their objections.

If the identity and address of an interested party are known or obtainable through reasonable efforts, then notice through:

(1) in-person delivery,
(2) registered mail,
(3) return receipt requested, or

some other means likely to notify the particular individual is required.

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6
Q

Voluntary presence

A

If a defendant is voluntarily present in the forum state and is served with process while there, then the state will generally have personal jurisdiction over the defendant.

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7
Q

Voluntary presence: “passing through” exception

A

When the defendant is merely “passing through” the forum state to attend other judiciary proceedings, she is not deemed voluntarily present for purposes of service.

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8
Q

Waiver of service

A

If the defendant agrees to waive service, then the date on which the plaintiff files the waiver form with the court will be deemed the date of service of process.

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9
Q

Process server

A

Service of the complaint and summons may be made by any nonparty who is at least 18 years old.

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10
Q

Timing

A

Unless service is made in a foreign country, the summons and complaint generally must be served within 90 days after filing the complaint.

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11
Q

Service on a corporation

A

Pursuant to the Civil Rules, service on a U.S. corporation may be effected either by:

(1) Delivering the summons and complaint to an officer, managing agent, general agent, or agent appointed or authorized by law to receive process; or
(2) By following state law in the state where the district court is located or where service is made.

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12
Q

Service on the United States

A

A plaintiff in a civil suit against the United States must serve:

  • The U.S. Attorney General with a copy of the summons and the complaint, by registered or certified mail.; and
  • The U.S. attorney for the district in which the action has been filed.

Even if a plaintiff is pursuing an action against a U.S. officer or employer in her individual capacity:

  • the plaintiff is required to also serve process on the United States
  • if the basis for the action is conduct that occurred in connection with duties performed on behalf of the United States.
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