Examp Prep: Process and Service

Question 1

How do people consent to service of process?

Answer 1

Defendant may work with the plaintiff to waive service of process. Must sign.

Question 2

What are requirements to serve process

Answer 2

Must be over 18 and not a party

Question 3

What is policy purpose of process?

Answer 3

Service is a requirement of due process. Courts must see proper service before issuing a default judgement.

Question 4

What should you consider if service was delivered out of state?

Answer 4

Tag jurisdiction under burnham - states that recognize it may allow a party to sue in the forum state if they can serve process to defendant while they are physically present in that state.

Question 5

What kind of effort to serve process does Mullane test require?

Answer 5

Party must give reasonable effort under the circumstances to inform an absent party of service so they may have an opportunity to object. Mullane

Question 6

What law governs service of process?

Answer 6

The law of the state where the party is being served

Question 7

What is complete service of process?

Answer 7

Both the summons and a copy of the complaint.

Question 8

How can service of process be completed?

Answer 8

personal delivery,

leaving it with someone over 18 who resides at the same home or leaving it at defendants dwelling,

delivery to an authorized agent