Service of Process Flashcards
What must P do to give proper notice to D?
Deliver to D (1) a summons (formal court notice of suit and time for response) and (2) a copy of the complaint.
What are these two documents called?
Process
When must the P serve process? What is the exception?
Serve within 120 days of filing case or case dismissed without prejudice (not dismissed if P shows good cause for delay in serving).
Who can serve process?
Any nonparty who is at least 18 years old.
Does the person serving process have to be appointed by the court? Why?
No, any nonparty who is at least 18 years old.
In personal service, where must the server of process deliver?
Anywhere
What do you have to do for substituted service?
- You must serve the defendant at their usual abode and 2) serve someone of suitable age and discretion who resides there.
In substituted service, would delivering personal service to a baby sitter at the defendant’s abode work?
No, she doesn’t reside there
In substituted service, would delivering personal service to a live-in butler at the defendant’s abode work?
Yes.
What is service on D’s agent? What does it require?
Process can be delivered to D’s agent. OK if receiving service is within the scope of agency, e.g., agent appointed by contract or by law or
corporation=s registered agent, managing agent or officer.
What is service by state law?
federal court allow the use of methods of service permitted by state law of the state where the federal court sits or where service is effected.
What the P need to do to get waiver by mail in service of process?
Mail to D a copy of the complaint and two copies of a waiver form, with a prepaid means of returning the form. (regular mail is OK)
Is regular mail a permitted service for waiver by mail?
Yes, regular mail is OK.
What does the D need to do to complete waiver by mail?
If D executes and mails the waiver form to P within 30 days, D waives formal service.
How long does D get to respond to the complaint in waiver by mail?
She gets 60 days from the mailing to her in which to respond to the complaint.
What does the P need to do once they get D’s waiver back in the mail? When is that waiver effective?
She files the waiver in court. It is effective at filing.
Suppose D fails to return the waiver form. P then has D served personally or by substituted service. If D did not have good cause for failing to return the waiver form is there a penalty for D?
Yes, she pays the cost of service
When can a federal court serve process outside the state in which it sits?
ONLY if state law allows (e.g., with a long-arm statute).
D is served for a federal civil case while instate to be a witness or party in another
civil case. OK? (need to look for reason, don’t know why)
No, she is immune from service.
What is the procedure for serving later papers (e.g., answer, other pleadings, motions, discovery requests and responses)?
we serve by delivering or mailing the document to the party’s attorney (or pro se party).
How many days do you add for a required response if you mail later papers?
If mailed, add 3 days for any required response
Is e-mail for later papers permitted?
Can e-mail if the party consented to that.
