Service of Process Flashcards
Service of process is
The summons of the summons and a copy of the complaint to the defendant.
Service of process formally gives
Notice to the defendnat
Personal service of process
is used to asset in personam jurisdiction and should also be used for in rem/quasi in rem when the identity of an interested party is known
Service by publication
is only allowed in rem actions when that is the best the best that a party can do
Service of process must have
1) Statutory Authorization and
2) Constitutional validity
Federal rules authorize service in accordance with state law where the federal court
sits
Federal rules always allow
1) in hand personal delivery
2) leaving summons at the D’s usual place of abode with a person of suitable age
3) Delivery of summons to an authorized agent
4) foreign people in foreign counties can be served by registered mail
Special rules for service of process
1) Infant- must serve the infant and guardian
2) Adjudicated incompetent - must serve the incompetent and guardian
3) Partnerships- service on a partner, attorney in fact, or authorized agent
4) Corporations - service on officer, director, managing agent, or agent appointed for receiving service or process
For in rem/quasi in rem Service by publication cannot is not permitted
when you know or can readily find out the names and addresses of other claimants
For in rem/quasi in rem You must make diligent efforts to
locate all claimants to the property and serve them personally
A defendant has a duty to
avoid unnecessary expenses of serving the summons. Under Rule 4, the P can notify that an action has been commenced and request that D waive service by first claim mail
After a plaintiff has requested the D to waive service or process, the D has
30 days to respond (60) if outside the U.S.
If D agrees to waive service of process
The deadline for filing an answer is extended from 21 days to 60 days
Service can be made
In the state where the court is located or where the State long arm statue allows
