Service of Process & Notice

Question 1

service of process & notice

Answer 1

three requirements; adequate
1. timing
2. process
3. method of service

Question 2

timing

Answer 2

summons & complain MUST be served on D w/in 90 days after filed w/ court
- otherwise the court MUST
1. dismiss the action w/out prejudice against D, OR
2. order that service be made w/in a specified period of time

Question 3

process server

Answer 3

service must be made by any person who is:
1. at least 18 years old, AND
2. NOT a party to the action

Question 4

methods of service

Answer 4

the method of service must be consistent w/ Due Process
- reasonably calculated to make the parties aware of the action + give them an opportunity to object

Three ways:
1. individual
2. corporation, partnership, or association
3. foreign D

Question 5

individual

Answer 5

may be served:
1. personally,
2. via someone of suitable age and discretion @ individual’s current dwelling or usual place of abode,
3. via an agent by appointment or by law, OR
4. in accordance w/ state law of the forum state or where service is made

Question 6

corporation, partnership, or association

Answer 6

may be served:
1. in accordance w/ state law of the forum state where service is made, OR
2. to an officer or managing/general/authorized agent

Question 7

foreign D

Answer 7

may be served via any manner NOT prohibited by international agreement