Getting to Court Flashcards
When does a Civil Action Begin
Filing of Complaint
How long does a plaintiff have to file service of process?
1 year
What must service of process contain?
Summons and Complaint (Need both)
Who can serve process?
Sherriff in their city or contiguous city or disinterested party over the age of 18
How should you serve process for a human defendant?
1) First, try to deliver via actual physical delivery to the defendant
2) if the server process cannot physically deliver the service, then leave at the defendant’s usual abode with someone who lives there and is a suitable age (16 or older)
3) Posting- leaves service on defendant’s door and mail a copy of service to defendant and court of clerk
How should process be served for a corporation or LLC?
Service on any officer, director, or registered agent
What is the curative statute?
failure to serve process is not fatal; when d actually got notice within 1 year and service was improper, it is valid unless bad faith
Where does the curative statute not apply to?
divorce or annulment
What does the curative statute not save
lack of summons or complaint. It must contain both
How to serve convicts
delivery to the convict or officer in charge
How to serve towns and cities
served by delivery to the city or town attorney
how to serve counties
county attorney or commonwealth attorney
Service on pship
Service on one general partner is service to partners
