Service of Process (complaint and summons) on Defendants

Question 1

Who is authorized to serve process in IL

Answer 1

1) sheriff
2) deputy,
3) coroner
4) any 18 year old or older non-party may be authorized by court in discretion upon motion

Question 2

what is the time frames for effective service in IL?

Answer 2

summons expires 30 days after issuance BUT server can reissue summons and continue to serve it AS LONG AS server uses REASONABLE DILIGENCE in serving process

Question 3

How is process properly served? Process is proper if TWO things are met

Answer 3

1) METHOD of process must be proper under IL rules and

2) method must be CONSTITUTIONAL

Question 4

When is service of process constitutional?

Answer 4

When it is reasonably calculated to apprise parties of litigation

Question 5

What are the basic methods of proper service for INDIVIDUALS in IL?

Answer 5

1) Personal Service
2) Abode
3) Waiver

Question 6

Process of service to Abode

Answer 6

Server must leave process at D’s last known abode with a 13 year old or up who is a household member informing person of contents and mailing copy to same abode

1) leave with 13 year old or older with information of it and
2) mail to abode

Question 7

Waiver for proper service of Individuals

Answer 7

P simply mails complaint to D with request to waive formal process, gets 60 days to respond instead of 30 days to respond

Question 8

what are the basic methods of process on entities?

Answer 8

1) authorized agent
2) qualified agent
3) Partner

Question 9

Qualified Agent for process of entity

Answer 9

Agent whose duties indicate appreication of need to transmit process to responsible person
- a smart agent

Question 10

Partnership X/C for service of partner for entity?

Answer 10

If serve 1 partner, D personally, if so can mail complaint and summons to all other D partners who have SOME CONNECTION TO IL either

1) reside in IL or
2) transacting business in IL

Question 11

When is publication only available for for process of service

Answer 11

RAMP

1) Real Property
2) Affidavit
3) Mail
4) Published

Question 12

What type of property is allowed for publication to be allowed for proper service

Answer 12

lawsuit involves real property (D’s real property in state)

Question 13

what does the affidavit need to be apart of for publication

Answer 13

the affidavit must swear either D is outside of IL or after due inquiry could not otherwise be served

Question 14

Mail when dealing with publication

Answer 14

mail to defendants last known address if known

Question 15

publish when dealing with publication rules

Answer 15

once a week newspaper circulating where action is pending at least 3 weeks in a row

Question 16

in IL a partnership that has been sued in the firms name may be served how

Answer 16

by personally serving one of the partners

Question 17

in IL if individual partners are not named as D’s is mailing them required

Answer 17

NO.

- If the individual partners are not named as D, mailing them is not required