CivPro

Question 1

What effect does failure to file a proof-of-service affidavit have on the validity of the service of process?

Answer 1

A plaintiff must provide the defendant with adequate notice of a lawsuit through service of process—i.e., delivery of the summons and complaint. Service of process can be made by any person who is at least 18 years old and not a party to the suit.

The process server (other than a U.S. or deputy marshal) must then file a proof-of-service affidavit if service was made in the U.S. and not waived by the defendant. However, failure to prove service of process does not affect the validity of the service.

Question 2

What are the 3 possibilities for proper venue?

Answer 2

Venue is proper in any federal district where (1) any defendant resides, as long as all defendants reside in the same state, (2) a substantial part of the events occurred or a substantial part of the property at issue is located, or (3) any defendant is subject to the court’s personal jurisdiction (if the first two provisions do not apply).

Question 3

What are the two requirements for diversity jurisdiction?

Answer 3

Diversity jurisdiction – the opposing parties are citizens of different states and the amount in controversy exceeds $75,000.