Notice Flashcards
Proper notice must be satisfied . . .
For a court to exercise personal jurisdiction.
What happens if notice is not accomplished correctly?
Any judgment cannot be effective.
What constitutional source governs notice for federal actions?
Fifth Amendment Due Process Clause
What non-constitutional source governs notice for **federal **actions?
Federal Rules of Civil Procedure Rule 4, and sometimes federal statutes, which may overtake Rule 4 if they contain specific requirements for notice
What constitutional source governs notice for state actions?
Fourteenth Amendment Due Process Clause and the State’s constitution
What non-constitutional source governs notice in state actions?
State Rules of Civil Procedure, and often state statutes, which may overtake the civil rule if they contain specific requirements for notice
What are the requirements for procedural due process under the Mullane Standard?
The requirements for procedural due process under the Mullane Standard are that (1) notice musty be reasonable calculated, under all the circumstances, to apprise the interested parties of the pendency of the action, and (2) afford the parties an opportunity to present their objections.
What is generally required of the means of notice?
The means of notice must be that which shows a desire to actually put a party on notice.
What are the two factors to determine whether a method of notice is valid?
(1) It is reasonably certain to be effective OR (2) Conditions do not permit reasonably certain notice and the notice used is as likely to result in actual notice as any other feasible and customary substitute.
What is not required by due process?
Proof of actual notice or heroic efforts
What if the serving party learns that notice did not occur?
If the serving party complies with methods of notice but later learns notice did not occur, the party must take additional reasonable steps that are available.
