Service of Process

Question 1

What must P do to give proper notice to D?

Answer 1

Deliver to D (1) a summons (formal court notice of suit and time for response) and (2) a copy of the complaint.

Question 2

What are these two documents called?

Answer 2

Process

Question 3

When must the P serve process? What is the exception?

Answer 3

Serve within 120 days of filing case or case dismissed without prejudice (not dismissed if P shows good cause for delay in serving).

Question 4

Who can serve process?

Answer 4

Any nonparty who is at least 18 years old.

Question 5

Does the person serving process have to be appointed by the court? Why?

Answer 5

No, any nonparty who is at least 18 years old.

Question 6

In personal service, where must the server of process deliver?

Answer 6

Anywhere

Question 7

What do you have to do for substituted service?

Answer 7

1. You must serve the defendant at their usual abode and 2) serve someone of suitable age and discretion who resides there.

Question 8

In substituted service, would delivering personal service to a baby sitter at the defendant’s abode work?

Answer 8

No, she doesn’t reside there

Question 9

In substituted service, would delivering personal service to a live-in butler at the defendant’s abode work?

Answer 9

Yes.

Question 10

What is service on D’s agent? What does it require?

Answer 10

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.

Question 11

What is service by state law?

Answer 11

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.

Question 12

What the P need to do to get waiver by mail in service of process?

Answer 12

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)

Question 13

Is regular mail a permitted service for waiver by mail?

Answer 13

Yes, regular mail is OK.

Question 14

What does the D need to do to complete waiver by mail?

Answer 14

If D executes and mails the waiver form to P within 30 days, D waives formal service.

Question 15

How long does D get to respond to the complaint in waiver by mail?

Answer 15

She gets 60 days from the mailing to her in which to respond to the complaint.

Question 16

What does the P need to do once they get D’s waiver back in the mail? When is that waiver effective?

Answer 16

She files the waiver in court. It is effective at filing.

Question 17

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?

Answer 17

Yes, she pays the cost of service

Question 18

When can a federal court serve process outside the state in which it sits?

Answer 18

ONLY if state law allows (e.g., with a long-arm statute).

Question 19

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)

Answer 19

No, she is immune from service.

Question 20

What is the procedure for serving later papers (e.g., answer, other pleadings, motions, discovery requests and responses)?

Answer 20

we serve by delivering or mailing the document to the party’s attorney (or pro se party).

Question 21

How many days do you add for a required response if you mail later papers?

Answer 21

If mailed, add 3 days for any required response

Question 22

Is e-mail for later papers permitted?

Answer 22

Can e-mail if the party consented to that.