Service of Process and notice

Question 1

Service and timing

Answer 1

Summon and complaint must be served on def within 90 days after being filed with the court.

failure to do the above:

a. court must dismiss the action without prejudice against that Def
b. order service is made within a specified period of time.

Question 2

who can be the process server

Answer 2

The server must be by a person who is

a. 18 years old
b. not a party to the action

Question 3

Methods of service:

SAID

Answer 3

1. must be consistent with Due process and an opportunity to object.

S = state law: follow the state law methods where the fed court is located or service is made.
A= agent: deliver a copy of the summons and complaint to an agent appointed by def or law.
I = individual - deliver a copy of the summons and complaint to the individual personally
Dwelling - leave a copy of the summons and complaint at the individual’s dwelling or usual place of abode with someone of suitable age and discretion who resides there.

foreign def may be served via any manner not prohibited by international agreement