Service of Process (Complaint and Summons) on Defendants Flashcards
Who is authorized to serve process?
Sheriff, deputy, coroner, or any non-party over 18+ may be authorized upon motion.
When will summons expire?
30 days after issuance, but can re-issue summons if using “reasonable diligence”
When is a process proper?
- If method is proper under IL law AND
2. Method is constitutional
What are the three basic methods to serve an individual?
- Personal service: authorized service in hand
- Abode service: authorized server leaves at D’s abode w/ 13+ household member & inform them of contents & mail it there
- Waiver: P mails complaint w/ request to waive formal proceedings
How do you serve an entity? (Corp.)
Personal service on or mail request waiver to an authorized agent or qualifed agent of entity.
What is a qualified agent for an entity?
Any agent whose duties indicate an appreciation for a need to transmit to corporate personel.
How do you serve a partnership?
If you serve ONE Defendant partner personally, then you can mail process to all other D partners that have an IL connection
Peter files an action in IL state court against four Ds arising out of a business transaction in Utah: ABX Partnership, Partner A, Partner B, and Partner X. An authorized server makes proper personal service on Partner A and then mails a copy of the Partner B in IL and Partner X in Utah. Was process proper to each D?
Yes to Partnership, Partner A, and Partner B.
NO to Partner X, no connection to IL, can’t mail.
When can you just publish a notice of process?
RAMP
When the litigation deals with:
Real property: D’s property in IL
Affidavit: made by P swearing D is out of state/can’t be served
Mail: P mailed a copy to D’s last known abode
P: published once a week for 3 consecutive weeks in newspaper where property is.
Can you serve an entity by mailing process to the President’s abode?
NO. Abode service is NOT available for serving entities.
