Service of Process: Rule 4

Question 1

Must serve both to be proper

Answer 1

complaint and summons

Question 2

Must be served within how many days of filing complaint?

Answer 2

90 days

Question 3

Who can serve?

Answer 3

Anyone over 18 and not a party can serve

Question 4

How can process be served?

Answer 4

Option 1: 1) Manner prescribed by state where: 1) federal suit has been filed or (2) where the D will be served
Option 2: Manner specified by Fed Rule 4

Question 5

Under Rule 4, if D is natural person, 4 options:

Answer 5

1) deliver to D himself through 3rd party
2) leave at D’s usual place of abode with a person of suitable age and discretion residing there
3) serve D’s registered agent; or
4) mail with letter requesting D waive in person service (if D declines to waive her becomes responsible for cost of personal service)

Question 6

If D is a corporation, partnership, association, 3 options, serve process on:

Answer 6

1) officer
2) a managing agent or general agent
3) any other agent authorized by appointment or by law to receive service
(if law requires by mail, must be by hand + mail

Question 7

Service and Due Process

Answer 7

Defendant is entitled to notice of claims against him and opportunity to respond to those claims.