Notice and Service of Process

Question 1

What does notice consist of?

Answer 1

1. summons (formal court notice of suit and timing for response)
2. Copy of the complaint
   Together called process

Question 2

Who can serve process?

Answer 2

1. Any person at least 18 years old and
2. not party to the action

In GA the process serves needs to be appointed by the court

Question 3

When must process be served?

Answer 3

Within 90 days of the filing of the complaint.

Can be extended for good cause

Question 4

How is processed served on an individual in the US?

Answer 4

1. Personal service
2. Substituted service
3. Service on agent
4. State law methods

Question 5

What are the requirements for personal service of process?

Answer 5

Process is given to the defendant personally anywhere

Question 6

What are the requirements for substituted service of process?

Answer 6

Process is served to a substitute for the defendant.

Can only be done
1. at the defendant’s usual place of abode;
2. with someone of suitable age and discretion;
3. who resides there

Question 7

What are the requirements for service on agent of process?

Answer 7

OK if receiving service is in scope of agency

Question 8

How do you serve process to a business or organization in US?

Answer 8

By
1. delivering to an officer or a managing or general agent a copy of the summons and of the complaint; or
2. Using a method permitted by the state 1) where the federal court sits or 2) where service is to be made

Question 9

How do you serve process on a minor or incompetent person?

Answer 9

Only be method permitted by law of the state in which service is to be made

Question 10

How do you serve process on parties in a foreign country?

Answer 10

Any method allowed by international agreement.
The court needs to serve. Not the plaintiff.

Question 11

How does the defendant waive process?

Answer 11

Plaintiff mails the defendant a notice to request to waive service (copy of complaint and 2 copies of waiver form and prepaid means of returning the form)
Must be mailed to plaintiff within 30 days (60 if outside of US)
Plaintiff files with the court (thats when D is considered as “served”)

Question 12

What is the effect of waiver of service of process on other defenses?

Answer 12

Waiving service of process does not waive any other defenses