Service of Process

Question 1

What is the content requirement of a service of process?

Answer 1

Must serve both the complaint + summons, if not, service isn’t proper

Question 2

What is the timing rule for service?

Answer 2

Must be served within 90 days of filing complaint

Question 3

Who may serve process?

Answer 3

Anyone over 18 and not a party can serve

Question 4

What are the two general options for serving process?

Answer 4

1. manner prescribed by state court in state where the federal suit has been filed or where the defendant will be served
2. manner specified by Federal Rule 4

Question 5

What are the four ways in which a natural person may be served under Federal Rule 4?

Answer 5

1. Deliver to D himself (through 3rd party);
2. Leave at D’s usual 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 (an if the defendant declines to waive, then they become responsible for the cost of personal service)

Question 6

What are the three ways in which an entity/corporation may be served under Federal Rule 4?

Answer 6

May serve process on:
1. an officer of entity
2. a managing agent or general agent
3. any other agent authorized by appointment or by law to receive service (if law requires service by mail, must be by hand and mail)

Question 7

What does due process require from service?

Answer 7

D is entitled to notice of claims against them and an opportunity to respond to those claims