notice/service of process Flashcards
1
Q
basic concept
A
in addition to PJ, the D is entitled to NOTICE she’s been sued
2
Q
what does notice consist of?
A
(1) summons (formal court notice of suit)
(2) copy of complaint
together, these two docs = PROCESS
3
Q
who can serve process (formal delivery of the summons and complaint)
A
- person has to be at least 18 and NOT party to action
4
Q
how is service of process served on a person within US
4 methods
A
- personal service
- substituted service (at D’s usual place of abode; someone of suitable age; who RESIDES there)
- service on agent
- state law methods
5
Q
how is service of process served on a business in the US
A
- can be served by delivering to agent a copy of summons and complaint, OR
- using method allowed by state
6
Q
service on a minor
A
can be made ONLY by method allowed by state law where service is made
7
Q
waiver of service of process by D
A
- can waive
- to request waiver, Pff mails D a waiver form
- if D executes and mails waiver form to pff within 30 days, she waives service of process
- pff has to file waiver in court for it to be effective
8
Q
effect of waiver on other defenses
A
a defendant who waives service of process DOES NOT waive any defenses like lack of PJ
9
Q
penalty for failing to waive service
A
- suppose D fails to return waiver form/D refuses to waive service of process without any good reason … and the pff has the D served personally or by substituted service –> D has to pay costs of service
