Notice Flashcards
What amendments are the constitutional notice requirements rooted in?
5th (Federal) and 14th (States) - “no person shall be deprived of life, liberty or property without due process of law”
What is FRCP 4(c)?
Ensuring that service occurs is the plaintiff’s responsibility, so long as service is of process is done by someone at least 18 years old AND who is NOT a party to the case.
What is FRCP 4(e)?
How to serve an INDIVIDUAL in the US: (1) following the state law for serving a summons OR (2) delivering personally, leaving a copy at the individua’s dwelling or usual place of abode with someone of suitable age (11) and discretion who lives there; OR delivering a copy to an agent authorized by appointment of law.
What is FRCP 4(h)(1)?
Serving a CORPORATION or other entity: by PERSONALLY delivering a copy of the summons and complaint to an officer, a managing or general agent, or any other agent authorized by appointment or by law
What is FRCP 4(f)?
Service on individuals and corporations located outside the US: by other means not prohibited by international agreement, as the court orders.
What case helps illustrate FRCP 4(f)(3)?
Rio Properties - court can authorize alternative means of service as long as the service was reasonably calculated by the plaintiff under all the circumstances to allow the defendant to defend themselves.
What is FRCP 4(m)?
A plaintiff has 90 days after a suit is filed to serve the defendant. An extension can be granted if “good cause” is shown.
What is the MAIN CASE to cite for Notice?
Mullane
What is the Mullane rule?
Fact dependent inquiry, that is reasonably calculated under all the circumstances to provide notice in order for the defendant to be heard and defend themselves.
What is Notice?
Giving the defendant a formal heads up that the lawsuit against them is about to proceed. Before a court’s jurisdiction will be effective, proper notice must be given.
What is Service of Process?
The delivery of the plaintiff’s complaint + order from court, giving the defendant a change to defend themselves.
What is the rule is Dusenbery?
Actual notice is not required. Mail is a “reasonably calculated” means of serving notice to provide the defendant due process under the 14th and 5th Amendments.
What is the rule in Jones v. Flowers?
If you find out that not was not received, you need to do “something more” to reasonably try to serve the person.
